beta
(영문) 전주지방법원 2017.11.23 2017고합180

강간미수

Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant, in the former North Korean-gun C, resided together with the victim D (the 36-year-old age), who is a woman living together with the defendant's friendship and friendship.

On July 1, 2017, the Defendant, at around 02:30, 2017, visited her friend with the victim and her fe and knee with her knee who had her fe and knee with her own fe and knee with her knee with her knee and her knee with her knee and her knee with the victim’s bridge her knee with the victim’s knee, and tried to engage in sexual intercourse with the victim’s knee with the other left hand on the part of the victim’s body.

However, the victim resisted the victim, "I am, Ma, Ma," and her friend, they opened a door-to-face visit, and the victim opened a door-to-face visit to the defendant after deducting power from his body.

Accordingly, the defendant tried to rape the victim, but did not commit it but did not commit an attempted crime.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to D or E;

1. Complaint;

1. List of seizure and protocol of seizure;

1. A report on investigation (related to a response to a request for appraisal) and report on internal investigation (related to photographs);

1. Voluntary accompanying reporting, notification to the department related to the report of 112 case, and application of the statutes of the response request for appraisal;

1. Articles 300 and 297 of the Criminal Act concerning the facts constituting the crime;

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

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1. Article 62 (1) of the Criminal Act on the suspended execution (Article 62 (1) of the Criminal Act on the following grounds 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 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 a notification order, and children and juveniles.