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(영문) 대전지방법원 2016.02.04 2015고합424
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On November 3, 2015, the Defendant, at around 23:10, entered the house of the victim D (Woo, 25 years of age) located in Seo-gu Daejeon, Seo-gu, Daejeon, under the pretext of bringing the victim into the house, and forcedly placing the victim on the bed, placed the her body on the bed, placed the chest on the bed, and tried to rape the victim by suppressing resistance, such as breaking the victim's bomb on about six occasions, and melting him/her. However, the Defendant attempted to rape the victim by suppressing his/her resistance. However, the Defendant did not go against the wind that the victim completely rejected.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes of D;

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. Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from an order to disclose or notify information, 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 fact that the defendant has no criminal record of the same kind, the extent and expected side effects of the defendant's disadvantage due to an order to disclose or notify information, and the personal information of the defendant can be expected to a certain extent to prevent recidivism;

In full view of the fact that the defendant's personal information can not be disclosed, there are special circumstances that the disclosure of the defendant's personal information is prohibited.

I think)

Where a conviction becomes final and conclusive on the facts constituting a crime in the judgment, the Defendant who is subject to the registration of personal information pursuant to Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes is obligated to submit personal information to the competent agency pursuant to Article 43 of the same Act.

The crime of this case on the grounds of sentencing is to be committed by the defendant in order to place the victim in office.

At the same time, the victim's house is trying to rape.

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