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(영문) 서울북부지방법원 2018.11.23 2018고합369

강간치상

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 a period of three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is the friendship of D, the owner of a son's farm, who is a victim C (the family name, the female, the age of 21).

On June 24, 2018, the Defendant found the victim who was married at the accommodation of the farm container E around 23:00, and attempted to rape the victim after taking one arms of the victim by hand, putting the victim in his/her own hands, leaving the victim in his/her sound part, and leaving the victim in his/her sound part, making it impossible for the victim to resist, and then she tried to rape the victim. However, the victim did not go through an attempt to resist with the wind of the Defendant, with two knife in his/her sexual organ, and with two knife in his/her main room, and with the Defendant’s direction towards the Defendant.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Each investigation report (referring to the preparation of the victim, the attachment of the victim's report, the attachment of the opinion, the relation with the result of the request for appraisal), the preparation of the victim, the copy of the opinion, and the application

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 3 of the Addenda to the Act on the Protection of Juveniles against Sexual Abuse (amended by Act No. 15452, Mar. 13, 2018); Article 56(1) main text of the former Act on the Protection of Juveniles against Sexual Abuse (amended by Act No. 15452, Jan. 16, 2018)

1. Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from disclosure and notification orders, 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's age, environment, social ties, criminal records, and risk of recidivism (the defendant has no record of criminal punishment for a sexual crime previously committed and thus, has a risk of recidivism or recidivism of sexual assault against the defendant;

(D) the interests expected by an disclosure or notification order and the effects of prevention.