준강간미수
A defendant shall be punished by imprisonment for not more than ten months.
However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.
(2) On January 15, 2018, the Defendant: (a) around 07:00, the Defendant had attempted to drink the Defendant’s sexual organ into the part of the victim’s drinking room; (b) around 07:0, 00, the victim D (name, leisure, 2*); (c) drink with the university; (d) drink E; (e) the victim and the victim met with the victim; (e) the victim was locked; and (e) the victim was able to talk with her chest; and (e) the victim was able to put the Defendant’s sexual organ into the part of the victim’s drinking room; and (e) the Defendant attempted to put the Defendant’s sexual organ into
In this regard, the defendant tried to have sexual intercourse with the victim by taking advantage of the victim's mental condition, but did not have attempted to do so.
Summary of Evidence
1. Defendant's legal statement;
1. Each prosecutor's office and police's statement of D (Evidence No. 20, 42) concerning D;
1. Statement to E by the police;
1. Requests for appraisal;
1. Application of Acts and subordinate statutes on site photographs;
1. Articles 300, 299, and 297 of the Criminal Act applicable to the facts constituting an offense;
1. Article 25 (2) and Article 55 (1) 3 of the Criminal Act for mitigation of attempted crimes;
1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;
1. Article 62 (1) of the Criminal Act;
1. Grounds for sentencing under the main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes;
1. Scope of applicable sentences under law: Imprisonment with prison labor for up to September, up to seven years and up to June;
2. Determination of sentence: Determination of sentence: Imprisonment with prison labor for 10 months, the confession for 2 years under suspended sentence, the circumstances to take into account the background of the instant crime and attempted crimes, the victim paid and agreed to pay a reasonable amount to the victim, the victim is an initial offender who does not want the punishment, the victim has no criminal record, and other circumstances, such as the defendant's age, character and conduct, environment, motive, means and consequence of the crime, and the circumstances after the crime, shall be determined as per the order;
If a conviction on a crime subject to registration becomes final and conclusive in the judgment on a sex crime subject to registration, such a person shall be subject to registration of personal information under Article 42 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and such person shall submit personal information to the head of the relevant agency