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(영문) 청주지방법원 제천지원 2015.02.06 2014고합64

준강간미수

Text

A defendant shall be punished by imprisonment for two years.

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

Reasons

Punishment of the crime

Attached Form

The same shall apply to the facts charged.

Summary of Evidence

1. Partial statement of the defendant;

1. Each police statement of C or D;

1. Explanation of each photograph;

1. A copy of the 112 reported case processing list, and a criminal investigation report (Attachment to a file of 112 reported details);

1. Application of statutes governing judgment;

1. Articles 300, 299, and 297 of the Criminal Code applicable to the crime of this case (the defendant only had the intention of indecent act by compulsion at the time of the crime of this case and did not have the intention of rape) of the Criminal Code concerning the crime of this case. If the defendant denies the criminal intent which constitutes a subjective constituent element of the crime, the method of proving the crime is bound to prove indirect facts or circumstantial facts which have considerable relation with the intention. According to the evidence duly adopted and investigated by the court, the defendant was subject to criminal punishment by rape of a female under the age of 10 who was inside the past, the victim's subordinate and panty was discharged at the time of witnessing the scene, and the defendant also was exempted from the victim's subordinate and panty. In full view of the above recognized facts, circumstances, and the defendant's actions, it is determined that the defendant attempted to commit an indecent act by rape and attempted to have sexual intercourse with the victim's clothes.).

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

1. Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed;

1. According to the evidence duly adopted and examined by this court as to the Defendant’s mental and physical disability claim under Articles 47(1) and 49(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes Aggravated Punishment, etc. of Sexual Crimes, and Articles 49(1)2 and 50(1)2 of the Act on the Protection of Children and Juveniles against Sexual Abuse, it is recognized that the Defendant had actually drinking alcohol at the time of committing the instant crime, but the circumstance leading up to the instant crime recognized by the aforementioned evidence, and the means and means of committing the instant crime.