logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 전주지방법원 군산지원 2016.02.04 2015고합78
성폭력범죄의처벌등에관한특례법위반(13세미만미성년자강간)
Text

A defendant shall be punished by imprisonment for three years.

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

Reasons

Punishment of the crime

Criminal facts

The facts constituting the crime and the facts leading to the attachment order [the defendant] The defendant and the person to whom the attachment order was requested (hereinafter referred to as "the defendant") to whom the victim D (Woo, age 11) located in Gunsan-si C around August 30, 2015, were living in the Dong, where the victim's public book window was not corrected, discovered the victim's public book window was not corrected and found through the above window in order to steal the object, and caused the hurging to spane the victim's panty, and caused the hurthy to see the victim's panty, thereby preventing the victim from suffering from the victim's humfing, and preventing the victim from resisting the victim's humk "wumk", and the victim's humf was tried to have sexual intercourse with the victim's panty, but the victim's sound was not sealed and the victim did not have a wind.

Accordingly, the Defendant attempted to rape a victim under 13 years of age.

[Facts of the ground for attachment order] The defendant should be subject to protection observation while suspending the execution of punishment, and it is necessary to attach a location tracking electronic device to confirm the implementation of the rules during the period of protection observation.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to D;

1. Application of Acts and subordinate statutes to on-site photographs (Evidence 6), photographs (Evidence List 10), CCTV photographs (Evidence List 15);

1. Articles 15 and 7 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes under the relevant Act on Criminal Crimes, and Article 297 of the Criminal Act;

1. Mitigation of attempted punishment: Articles 25(2) and 55(1)3 of the Criminal Act;

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. Special cases concerning the observation of protection and the punishment, etc. of sexual assault crimes committed;

arrow