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(영문) 광주지방법원 목포지원 2015.05.14 2015고합23

강간미수

Text

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

The defendant shall be ordered to complete the sexual assault treatment program for 40 hours.

Reasons

Punishment of the crime

At around 10:00 on January 2, 2015, the Defendant discovered the victim D (the age of 79) who was married in the vicinity of the 12 greenhouses located in the 12-year-U.S., Chungcheongnam-gun, Chungcheongnam-do., 2015, and had the mind to rape the victim.

피고인은 피해자에게 다가가 양팔로 피해자를 껴안아 넘어뜨린 후 피해자의 배 위로 올라타 반항하지 못하게 하고 피고인의 성기를 피해자의 배에 문지르면서 피해자의 바지를 벗기려고 하였으나, 피해자가 두 손으로 바지를 움켜 쥔 채 "경찰에 신고한다. 너 어째 그냐! 미쳤냐! 나 죽는다!"라고 큰 소리를 치는 바람에 간음하지 못하고 미수에 그쳤다.

Accordingly, the defendant attempted to rape the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Application of D’s protocol of statement to the police;

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

1. Where the criminal facts in the judgment on the registration of personal information are found guilty, in full view of the Defendant’s age, occupation, family environment, social ties, criminal records (no record of criminal records), the risk of recidivism, and other various circumstances, such as the benefits expected to be expected by the disclosure order or notification order of this case and the adverse effects and adverse effects therefrom, it is deemed that there is a special circumstance that the disclosure or notification of the Defendant’s personal information shall not be made, and where the Defendant is found guilty of the criminal facts in the judgment on the registration of personal information pursuant to Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, etc. of Sexual Crimes, the Defendant is subject to registration of personal information pursuant to Article 43 of the same Act.