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(영문) 대전지방법원 천안지원 2015.01.14 2014고합244

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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant, prior to his retirement, was a dynamic with the victim C, who was going at the same workplace before his retirement. From August 18, 2014 to around 22:00, the Defendant divided the two stories with the victim’s drinking at the home of the victim in ASEAN. Around 18, 2014, the Defendant saw the victim, who was smoking in ASEAN, into the victim’s own seat, and tried to engage in sexual intercourse with the victim by putting the victim’s body over the bend floor and putting the victim’s seat back to the living room. However, the Defendant did not go through the wind, such as the victim’s breath while having a pipe, and booming the victim’s hand, so far as soon as possible, the Defendant did not commit the attempted sexual intercourse.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to C by the police;

1. Requests for appraisal, submission of reports on investigation, and application of Acts and subordinate statutes;

1. Articles 300 and 297 of the Criminal Act applicable to the crimes;

1. Articles 25 (2) and 55 (1) 3 of the Criminal Act, which are statutory mitigation;

1. Suspension of execution under Article 62 (1) of the Criminal Act (the first offender is the defendant, and the depth of his mistake is divided, the full agreement between the victim and the victim is made, the relationship between the victim and the victim, the details and details of the crime, etc.);

1. Where a conviction becomes final and conclusive on the facts constituting the crime stated in the judgment on personal information of Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, the accused is a person subject to registration of personal information under Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and thus, the accused is obligated to submit personal information to the competent agency

When taking into account the circumstances, details, etc. of the instant crime, exemption from disclosure and notification orders, the Defendant is difficult to deem that there is a risk of reoffending by the Defendant, or that it is effective to prevent sexual crimes that may be achieved by disclosure or notification orders and to protect the victims thereof.