logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원 안산지원 2016.05.27 2016고합11
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 and the victim C(the age of 51) are those who reside in the same apartment and have been in common knowledge.

On September 3, 2015, the Defendant was able to take meals as the victim at a mutual influent restaurant located in the Singu-si, Sinung-si and then get the victim to gather. On September 3, 2015, the Defendant was able to get the victim to get her house. On the first place, the Defendant was willing to rape the victim by reporting the appearance of the victim.

Accordingly, the Defendant: (a) went off the said vehicle, and carried the victim’s identity at the same time where the victim was located in a dial location; (b) led the victim to the container stuff; and (c) led the victim to the said container stuff; and (d) took the victim to the knife; (b) left the victim’s chest over the floor; (c) went off the victim’s chest; and (d) tried to rape the victim with the victim’s chest and panty; (d) the victim was suffering from the victim’s chest; and (e) the victim was frighted, and tried to rape the victim, but the victim did not go against the victim’s face by hand.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Application of Acts and subordinate statutes governing the defendant and victimized Kakao Stockholm dialogue;

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. Taking into account Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from disclosure and notification order of registered information, the proviso to Article 49(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse - The defendant’s confession of the crime, absence of any record of punishment, and the fact that the crime was committed committed committed in an attempted crime, the risk of recidivism of sexual crimes against the defendant.

arrow