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(영문) 대구지방법원 안동지원 2016.02.04 2015고합65
준강간미수
Text

A defendant shall be punished by imprisonment for two years.

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

On June 5, 2015, the Defendant, at the D secondary school located in Ansan-si C around 00:05 on June 5, 2015, drinked with the victim E (the victim E, 20 years of age), and had a victim, who was unable to resist due to drinking, induced the victim to an open air gate behind the school meal service center, and was placed on the ground floor of the school, left the victim, she was frightd with the victim's her fright and panty, and tried to get off the victim's fright and panty, and had sexual intercourse with the victim. However, the Defendant did not have the victim's fright and panty "I will not fright," and did not have the victim's fright to resist with the wind of resistance.

Summary of Evidence

1. Statement by the defendant in court;

1. Recording records of the statement;

1. Application of Acts and subordinate statutes on police statements made to F and G;

1. Articles 300, 299, and 297 of the Criminal Act concerning the facts constituting an offense;

2. 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).

3. Article 62 (1) of the Criminal Act on the suspension of execution (The following consideration shall be repeated for the reasons for sentencing).

4. Article 16 (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and Article 62-2 of the Criminal Act;

5. The main sentence of Article 16 (2) and Article 16 (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes under Order to provide community service and attend lectures;

6. 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 Juveniles from Sexual Abuse (applicable to the accused who has no record of punishment for sexual crimes) is likely to commit sexual assault or repeat a crime due to his/her lack of record of punishment for sexual crimes;

In full view of all circumstances, such as the benefits expected by the instant disclosure order or notification order and the preventive effect, disadvantages and side effects therefrom, there are special circumstances in which the Defendant’s personal information may not be disclosed or notified.

The judgment of conviction is based on the facts stated in the judgment on the registration of personal information.

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