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(영문) 청주지방법원 2017.06.02 2017고합89

강간미수

Text

A defendant shall be punished by imprisonment for not less than one year and six months.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a victim C (n, 25 years of age) and a middle school and a Dong-dong branch.

On February 13, 2017, the Defendant, along with the victim around 02:00 on February 13, 2017, drinked the victim with drinking, and then called the victim's house located in the original unit D apartment unit in the Gu-gu, Nowon-gu, Cheongju-si, and the victim "I am, because I am, I am in my house" and "I am well."

Even though “the victim was sexual intercourse with the victim by assaulting the victim by taking the victim’s body outside the victim’s panty without taking the victim’s body inside the room where the victim was ever, and the victim was able to take the victim’s body "Mad.", taking the victim’s knife and knife the victim’s knife and knife the victim’s knife, and repeating the victim’s knife’s knife and knife the victim’s knife, but the victim attempted to have sexual intercourse with the victim’s knife, but continued to resist the victim’s body by taking the victim

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Investigation reports (on-site conditions, suspect, victim's statement, etc.), and application of Acts and subordinate statutes to genetic appraisal records;

1. Articles 300 and 297 of the Criminal Act concerning the facts constituting the crime;

1. Mitigation of attempted punishment: Articles 25(2) and 55(1)3 of the Criminal Act;

1. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. The main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Attend;

1. Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from an disclosure order and an order of notification order, the proviso to Article 49(1) and the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse (the Defendant has no record of being punished for a sexual crime before the instant crime is committed, the Defendant’s crime is deemed to have been committed by contingency while the Defendant was committed mainly, and there is a habit for sexual assault against many unspecified victims, considering the relationship with the victim, etc.

It is difficult to conclude, and the registration of personal information on the defendant.