logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원 성남지원 2016.02.15 2015고합257
강간미수
Text

A defendant shall be punished by imprisonment for not less than two years and six months.

However, the execution of the above punishment shall be suspended for a period of four years from the date this judgment becomes final and conclusive.

Reasons

Criminal facts

The facts constituting the crime and the facts constituting the cause of the attachment order [the defendant] The defendant and the person requesting the attachment order (hereinafter referred to as "the defendant") shall, on October 21, 2015, in the house of the victim D (n, 59 years old) located in the Hanam-si City, Seoul around October 21, 2015, cause the victim to take a timely bath while drinking the victim while drinking the victim.

It means “the neck of the victim,” and is forced by force to leave the victim’s name and panty, to leave the victim’s panty, to leave the panty, and not to die.

“In the absence of resistance against the victimized person by intimidation, the Defendant exceeded his clothes and attempted to rape, but the victim did not have the intent to flee but failed to commit an attempted crime.

[Facts of the ground for attachment order] The defendant should be subject to protection observation while suspending the execution of punishment, and it is necessary to attach a location tracking electronic device to confirm the implementation of the rules during the period of protection observation.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of statutes on site photographs;

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

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1. Article 62 (1) of the Criminal Act on the suspended execution (Article 62 (1) of the Criminal Act on the following grounds for sentencing);

1. Article 16 (4) of the Act on Special Cases concerning the Protection and observation and the Punishment, etc. of Sexual Crimes;

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, the main sentence of Article 49(1) and the main sentence of Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. Article 28(1) of the Act on the Protection and Observation of Specific Criminal Offenders and the Electronic Monitoring, Etc. at the time of the suspension of the execution of the probationary observation department, shall be based on the above-mentioned evidence and criminal experience, and a written investigation before the request.

arrow