성폭력범죄의처벌등에관한특례법위반(특수강간)
A defendant shall be punished by imprisonment for not less than two years and six months.
However, the execution of the above punishment shall be suspended for four years from the date this judgment becomes final and conclusive.
Punishment of the crime
The defendant joined a religious organization as a missionary activity of the victim B (the family name, the female, the age of 45) and was known to the victim.
At around 16:00 on December 2, 2019, the Defendant tried to rape the victim, who was under contact with the Defendant that he would raise the gold from the Defendant’s residence, and had talk with the victim, who was going to commit rape. The Defendant attempted to rape the victim by threateninging the victim, who was in danger on the face of the dangerous things ( approximately 12 cm in the blade, approximately 23 cm in the entire length, approximately 23 cm in the whole length) in his hand, with the knife, as the knife in the knife, with the knife, as the knife in the knife, and the knife in the body of the Defendant. However, the victim failed to commit the attempted rape, while the Defendant was pushed the Defendant, and the knife the Defendant outside of the Defendant’s residence.
Summary of Evidence
1. Partial statement of the defendant;
1. Partial statement of the police suspect interrogation protocol against the defendant;
1. The written statement made by the prosecution against B;
1. On-site photographs, photographs and excessive photographs of victims at the time of mobilization;
1. Application of Acts and subordinate statutes governing the 112 Reporting Case Handling Table;
1. Relevant Articles 15 and 4 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, Article 297 of the Criminal Act, the selection of a limited term of imprisonment for a crime;
1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):
1. Article 62 (1) of the Criminal Act (The following consideration shall be made again for the reason of sentencing);
1. The main sentence of Article 16 (2) and (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes against Order to attend education or community service order
1. An order to disclose, or an order to disclose, Article 47(1) or 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from an order to disclose, or an order to notify, the Defendant’s age, criminal records, details and motive of, and the risk of recidivism of, the instant crime, and the details and method of, the instant crime, and an order to disclose or notify the same.