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(영문) 대구지방법원 포항지원 2019.10.17 2019고합42

준유사강간미수

Text

A defendant shall be punished by imprisonment for one year.

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 March 8, 2019, between 09:00 and 10:00 on the same day, the Defendant: (a) at C’s house, and C’s house that came to know while drinking the Internet game in north-gu B at the port between 09:00 and 10:00 on the same day, and (b) at C’s house, C and C, together with C and C’s victim D (tentative name, leisure, 20 years old) for a more drinking time, the victim was suffering; (c) the victim was aware of the victim’s locked; (d) the victim was locked; (d) the victim’s body was locked back to the victim; (d) the victim’s body was sent back to the Defendant; and (e) the knick and panty knick were stored into the knick; and (e) the knick and knick were collected into the part.

Accordingly, the defendant knew that the victim was in a state of mental disorder and tried to commit similar rape by using it, but the victim did not have been locked, so he did not commit an attempted rape.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of D;

1. Investigation report (related to the results of a suspect's response to a request for appraisal) and investigation report (Attachment of E text messages sent to the victim by the suspect);

1. Application of written expert opinions and text messages to statutes;

1. Relevant Articles 300, 299, and 297-2 of the Criminal Act concerning the facts constituting an offense;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Article 62 (1) of the Criminal Act (The following consideration shall be made again for the reason of sentencing);

1. The main sentence of Article 16 (2) and (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes against Social Service Order and Order to Attend Courses

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, and 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 are not an offense against unspecified victims, but the Defendant has no record of criminal punishment for a sex offense.