logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
Text
Reasons
텍스트 조절
arrow
arrow
(영문) 대구지방법원 경주지원 2019.02.14 2018고합65
준강간미수
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

On May 25, 2018, the Defendant, at around 02:00, cump cump of the victim B (n, 19 years of age), was self-employed on May 25, 2018, and the Defendant d University Racing Camp E East Ri E, and cump cumbling the Defendant, the victim, and F cump, who dumped the Defendant, dumped the Defendant, the victim, using the fact that the victim was unable to resist from drinking and was able to do so, stored the Defendant’s finger in the victim’s inner part, and her finger in the victim’s inner part. However, the Defendant continued to take back the victim’s half- and panty, and inserted the victim’s sexual part into the part of the victim’s sexual part, and continued to have attempted to start the victim’s body “at present, the victim must do so.”

Accordingly, the defendant tried to rape by taking advantage of the victim's state of impossibility to resist.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of each police statement related to B and F;

1. Application of genetic appraisal documents and response statutes to requests for appraisal;

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

1. Mitigation of attempted punishment under Articles 25(2) 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 extenuating circumstances among 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;

1. Article 56(1) of the former Act on the Protection of Children and Juveniles against Sexual Abuse (Amended by Act No. 15452, Mar. 13, 2018); Article 3 of the Addenda to the Act on the Protection of Children and Juveniles against Sexual Abuse (Amended by Act No. 15452, Jan. 16, 2018);

1. Recommitting a crime by no record of criminal punishment against a criminal defendant due to a sexual crime exists, under Articles 47(1) and 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from an order to disclose or a notification order, the proviso to Article 49(1) and the proviso to Article 50(1) of the Act on the Protection

arrow