(영문) 광주지방법원 2016.06.03 2016고합99

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(영문) 광주지방법원 2016.06.03 2016고합99

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

On February 9, 2016, when the Defendant, around 23:20 on February 23:20, 2016, entered a meeting of the victim D (the age of 55) and C (the age of 55) of the victim, who is friend C, and had weak ability to discern things or make decisions prior to drinking, the Defendant had already been under the influence of drinking C entering the room and leaving the room with the victim, and attempted to rape the victim. The Defendant was able to have the victim friend and flick the two arms of the victim, and tried to get off the victim’s chest with his hand, but the victim was flicked with sound, and the Defendant was pushed off with the wind, and attempted to escape.

Accordingly, the defendant tried to rape the victim, but attempted to commit it.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of laws and regulations on police statements made to D, C, and F;

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

1. Articles 10(2) and 55(1)3 of the Criminal Act for the mitigation of mental and physical drugs (under each evidence of the judgment, the Defendant 15:00, dices and beer with C, together with the victim, at the restaurant where the victim was working, and later dices and beer with C, dices and beer with the victim, and thereafter dices to the victim's house. At around 23:00, at around 23:00, she moved to C to the victim's house for a more period of drinking. At that time, the Defendant entered the victim and C, while living with C, it is difficult to view that the Defendant had been raped with normal judgment ability. In light of the fact that the Defendant was locked at the ward immediately after the commission of the crime, the Defendant is deemed to have had the ability to change the subject matter at the time of the crime of this case.

1. Attempted mitigations Article 25 of the Criminal Act.

참조조문

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