(영문) 청주지방법원 2019.07.26 2019고합88

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(영문) 청주지방법원 2019.07.26 2019고합88

강간미수

Text

A defendant shall be punished by imprisonment for not less than one year and six months.

Provided, That the execution of a sentence shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant and the victim B (the family name, the female, the age of 26) are the space between the defendant and the victim from December 2017 to February 2018.

At around 00:30 on December 19, 2018, the Defendant recommended the victim under the influence of drinking alcohol to drink and drink the victim at his house, and became the victim’s house at around 05:30 on the same day.

On December 19, 2018, the Defendant: (a) around 06:00 on Cheongju-si, Cheongju-si, U.S. D., the Defendant tried to get off the Defendant from the Defendant, who was living in the beer, about to be able to do so in his residence; (b) “one-time defect”; and (c) tried to get out of the beer.

Therefore, even though the victim did not refuse to do so, even though the victim was given and refused to do so, the defendant put his hand into the victim's upper part and took charge of the chests of the victim. The defendant left the victim's rear head with the victim's rear head, and continued to leave the victim, left the victim immediately, left the victim's scam, and tried to scam off all the victim's clothes, cut off the victim's sexual organ, and embl the victim's sexual organ into the part of the victim's drinking, but the victim tried to rape the victim's sexual organ by inserting the victim's back and inserting it into the part of the victim's drinking, while the victim did not have the intent to escape in the above residence.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning B;

1. Application of the Acts and subordinate statutes to investigation reports (as to the attachment, etc. ofCCTV images), 9 visual images by capturing a photograph, and CCTV video copies;

1. Article 300 of the Criminal Act and Articles 297 of the same Act concerning the applicable criminal facts and the choice of punishment;

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

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;

참조조문

-성폭력범죄의 처벌 등에 관한 특례법 제16조 제2항

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