logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원 2016.11.22 2016고합512
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

At around 13:00 on May 13, 2016, the Defendant: (a) exceeded the clothes of the victim E (V, 21 years old) who was under influence of alcohol, and demanded the victim who was satising with the chest and fright while she was satising, the Defendant attempted to put his or her sexual organ into the part of the victim’s body so that he or she could not resist and resist the victim’s body while she was drinking; (b) however, the Defendant attempted to put the victim’s sexual organ into the part of the victim’s body, but did not cause an attempted crime because he or she was drunk.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Preparation and report of each recording book;

1. Application of each statute on photographs;

1. Articles 300 and 297 of the Criminal Act applicable to the 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) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes;

1. In full view of the following circumstances: (a) Articles 47(1) and 49(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes Exempted from Disclosure Orders; (b) 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 (the Defendant’s age, occupation, family environment and social relationship; (c) Defendant’s age, occupation, family environment and social relationship; (d) the details, circumstances, and result of the instant crime; (d) the prevention of sexual crimes subject to registration that may be achieved by the disclosure notification order; and (e) the protection effect of the victims of the sexual crimes subject to registration; and (e) anticipated side effects and anticipated side effects of the Defendant’s entry due to the disclosure notification order, if a conviction becomes final and conclusive on the criminal facts indicated in the judgment on the registration of personal information of the Defendant, the Defendant becomes a person subject to registration of

arrow