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Reasons
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(영문) 대구지방법원 2019.05.24 2019고합16
강간미수
Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

On August 22, 2018, at around 01:00, the Defendant: (a) drinked the victim D (n, 21 years of age) who became aware of through SNS at the Defendant’s residence; (b) performed drinking at SNS; (c) was the Defendant’s house when the bus stop time when the victim’s house returned to the victim’s house; and (d) was frightd at the Defendant’s house with the victim’s house; (b) was in the course when the victim’s sexual intercourse was demanded by the victim; (c) the victim was kid; (d) the victim was kid; (d) the victim was kid; (d) the victim was kid, and was rejected, the victim was frighted to rape the victim; (d) the victim’s body was frightened; and (e) the victim was frighted; and (e) the victim did not have sexual intercourse with the victim’s house; and (e) the victim did not have sexual intercourse with the victim’s pan.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement concerning D;

1. Application of Acts and subordinate statutes to a report on investigation (including the sequence 2, 4, 18, and each accompanying material);

1. Articles 300 and 297 of the Criminal Act applicable to the crimes;

1. Article 25 (2) and Article 55 (1) 3 of the Criminal Act for mitigation of attempted crimes;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Article 62 (1) of the Criminal Act (The following consideration shall be made again for the reason of sentencing);

1. The main sentence of Article 16 (2) and Article 16 (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes against Order to attend education

1. In the instant case, the Defendant under the proviso to 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, notification order, and employment restriction order, the proviso to Article 49(1) and the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, and the proviso to Article 56(1) of the former Act on the Protection of Children and Juveniles against Sexual Abuse (Amended by Act No. 15452, Mar. 13,

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