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(영문) 창원지방법원 통영지원 2018.06.28 2018고합20
강간미수
Text

A defendant shall be punished by imprisonment for two years.

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

The Defendant, who was aware of that he was the victim C (V, 27 years of age), was aware of the victim by saying “the victim was knife,” and became aware of the victim, and had the victim take care of the victim with “E” 306 Moel 306 in Gumi-si.

The Defendant demanded the victim to have sexual intercourse from around 22:30 on September 25, 2017 to 23:54 on the same day, but was rejected from the injured party, and the Defendant forcedly went off the victim’s clothes and clothes, and attempted to have sexual intercourse with the victim after taking the body of the victim’s body on the part of the victim, but failed to achieve that intent on the wind of the victim’s body and resistance.

Accordingly, the Defendant assaulted the victim to prevent the victim from resisting, and attempted to rape the victim, but attempted to commit an attempted rape.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. C’s statement;

1. Domestic investigation reports, investigation reports (the analysis of the replys requested by the National Institute of Scientific and Investigative Research for the emergency key of victims), requests for appraisal, responses to requests for appraisal, investigation reports (the analysis of medical records for victims of sexual assault conducted at the F hospital);

1. Application of each statute on photographs;

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

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

1. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons 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, 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 (the defendant has no record of punishment for a sexual crime and thus is at risk of recidivism or recidivism of sexual assault as he/she has no record of punishment for a sexual crime

It is difficult to conclude that the defendant's participation in the registration of personal information on the defendant and the lecture of sexual assault treatment can prevent the defendant from repeating the crime.

any other matter.

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