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(영문) 수원지방법원 안산지원 2014.05.16 2014고합104
강간치상
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1. The defendant shall be punished by imprisonment for a period of two years and six months;

2. Provided, That the above sentence shall be executed for three years from the date this judgment becomes final and conclusive;

Reasons

Punishment of the crime

On March 13, 2014, the Defendant completed a meeting on March 13, 2014, and returned home with the victim D (n, 36 years of age) who is a workplace partner, and went home with the victim D (n, 36 years of age), and sought to have sexual intercourse with the victim's clothes, but the victim refused to do so, and sought to have sexual intercourse with the victim's head several times, and the victim was forced to put the victim's sexual organ into the drafting of the victim's sexual organ, and the victim suffered from the injury of the victim, such as the victim's satisfying and the treatment period for which it is unknown.

Accordingly, the defendant attempted to rape the victim by assault, and thereby, led to the injury of the victim.

Summary of Evidence

1. Defendant's legal statement;

2. Each prosecutor's office and police statement concerning D;

3. Application of Acts and subordinate statutes of a medical certificate;

1. Relevant Articles of the Criminal Act and Articles 301, 300, and 297 of the Criminal Act concerning the crime;

2. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

3. Article 62 (1) of the Criminal Act;

4. Article 16 (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes against Probation Orders.

5. The main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes;

6. The crime of this case is deemed to have been committed in a dynamic and prone manner under the proviso of Article 47(1) and Article 49(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes Exempted from the disclosure order and the notification order; the proviso of Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse; the crime of rape itself is committed in an attempt; there is no record of criminal punishment yet; there is no record of criminal punishment; the victim agreed with the victim; and other circumstances indicated in the records, such as the Defendant’s age, occupation, family relation, disclosure order or notification order to the Defendant.

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