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(영문) 창원지방법원 진주지원 2016.06.30 2016고합50

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 is the victim C (V, 21 years old) and the defendant's establishment in high school.

At around 04:30 on August 31, 2015, the Defendant, at the home of the victim located in Jinju-si, drinked the victim to rape together with the victim, went off the victim's fright and panty, she was forced to leave the victim's room on the floor, left the victim's body on the part of the ship, left the part of the victim's left part without the victim's resistance, and attempted to rape with the victim's half panty and panty after the victim's resistance was prevented, but the victim escaped with the victim's secret and escaped with the toilet, and failed to commit an attempted rape without the victim's wind.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Investigation report (the confirmation report as to whether the victim's hospital is treated);

1. Each injury diagnosis letter;

1. Application of evidence photographs, suspect photographs and Acts and subordinate statutes;

1. Relevant Article of the Criminal Act and Articles 300 and 297 of the Criminal Act concerning the selection of criminal facts;

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

1. Article 62 (1) of the Criminal Act on the suspended execution;

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 order to disclose or notify 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 has no record of criminal punishment for any sexual crime before committing the instant crime, and the Defendant is expected to have an effect to prevent recidivism of the Defendant even by taking lectures on the registration of personal information and the compulsory treatment of sexual assault;

I seem to appear.

In addition, in full view of the defendant's age, family environment, social relationship, profits and preventive effects expected by the disclosure order or notification order of this case, disadvantages and side effects of the defendant's personal information of this case, there are special circumstances in which disclosure or notification of the defendant's personal information of this case may not be made.

The new information is determined as follows.