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(영문) 대전지방법원 2017.07.07 2017고합157
강간미수
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

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 is a male-gu and a family-friendly family member of the victim D (V, 41 years old) who is well aware of it.

The Defendant, on March 17, 2017, at around 01:15, 410 “Fel” in Seo-gu Daejeon, Seo-gu, Daejeon, and the victim is not good with male-gu, and it is difficult for the Defendant to do so.

The face of the victim was written and rhyd by the defect, hand, and the face of the victim was forced by hand and forced.

Therefore, the victim "I must see the victim's sex," "I am the defendant, and the defendant "I am good for more than three years, and if four am anti-versives, I am out the body of the victim, so I am off the victim's body and panty, and forced the victim's body, so I am off the victim's body and forced the victim's body. I tried to rape by inserting the victim's sexual organ into the sex organs of the victim." However, while the victim tried to rape by inserting the victim's sexual organ into the sex organs of the victim, I am "I am about the victim's body" while I am blick and pushed the defendant's body, and did not commit it with the wind that I am out of the atmosphere.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Written statements of D;

1. Application of statutes to field CCTV photographs and gene appraisal reports;

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 notify, and 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 (applicable to the defendant who had no record of punishment for sexual crimes before the instant case, and thus, has a risk of recidivism or recidivism of sexual crimes against him/her;

It is difficult to conclude.

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