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(영문) 수원지방법원 안산지원 2016.06.10 2016고합47

강간미수

Text

A defendant shall be punished by imprisonment for two years.

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

On December 29, 2015, at around 22:30, the Defendant attended a meeting of “D”, which was known through a mobile phone “C” case, and first viewed the victim E (n, 26 years of age) as the first time. The Defendant was able to rape the victim after drinking alcohol to the person attending the above meeting and late late drinking.

On December 30, 2015, around 03:40 on the 30th day of Ansan-si, the Defendant: (a) led the victim on the 1st floor of the building located in Ansan-si and the 1st floor; (b) obstructed the victim from entering the victim’s her chest with only one hand going on the part of the victim; and (c) obstructed the victim’s her finger with the other hand by inserting the fingers of the victim’s fingers; and (d) prevented the victim from entering the victim’s her fingers with sound.

Therefore, although the victim tried to have the victim face by drinking the defendant's fingers, and rape the victim, the victim did not escape from the victim's crepans and did not commit an attempted crime.

Accordingly, the defendant attempted to rape the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Kakao Stockholm messages;

1. Application of each statute on photographs;

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

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

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 Aggravated Punishment, etc. of Sexual Crimes Exempted from disclosure and notification order of registered information, 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 led to the confession of the instant crime and reflects his mistake in depth, and the Defendant.