(영문) 창원지방법원 진주지원 2018.09.20 2018고합95

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(영문) 창원지방법원 진주지원 2018.09.20 2018고합95

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 person who resides in the “D Village” located in the Sinnam-gun, Cheongnam-gun, and the victim E (V, 82) is a person who has a human-friendly relationship with the Defendant residing in the same village as the Defendant, and the Defendant has come to close from and close to the house with the victim.

On May 5, 2018, the Defendant was suffering from the victim’s house, such as eating a mind to rape the victim on or around May 5, 2018.

“A victim who did not doubt any doubt is moving to his or her residence.”

At around 10:06 on the same day, the Defendant: (a) left the Defendant’s residence in F of the Republic of Korea, around 10:06, at a small room located therein; (b) left the Victim at the end of the bed; (c) left the Victim’s body by putting the Victim on the bed; and (d) obstructed the Victim’s body from leaving the Victim’s body by getting the Victim’s hand by hand with his own hand; (c) opened the Victim’s bar and her clothes up to the bed; and (d) opened the Victim’s chests on several occasions with his hand; (d) opened the Victim’s chest and her clothes; and (e) opened the Victim’s chest, she frighted the Victim’s body, and frighted the Victim’s body; and (e) attempted to rape the Victim’s clothes. However, the Defendant was unable to commit rape by having the Victim escaped with his hand and her fingering the Victim’s body.

Accordingly, the defendant attempted to rape the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the prosecutor and the police for E;

1. Application of the Acts and subordinate statutes to investigate and report the attachment of CCTV images to 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. Exemption from any disclosure order and any notification order:

참조조문

-성폭력범죄의 처벌 등에 관한 특례법 제16조 제2항

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