logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대전지방법원 2016.03.24 2015고합427
강간미수
Text

A defendant shall be punished by imprisonment for a term of one year and four months.

The defendant shall be ordered to complete the sexual assault treatment program for 40 hours.

Reasons

Punishment of the crime

On August 21, 2015, the Defendant was sentenced to two years of suspension of execution in the Daejeon District Court on August 21, 2015, and the judgment became final and conclusive on August 29, 2015. On November 19, 2015, the Defendant was sentenced to one year and four months of imprisonment with prison labor for a violation of the Punishment of Violences, etc. Act (a collective deadly weapon, etc.) at the Daejeon District Court on November 23, 2015, and the judgment became final and conclusive on November 23, 2015.

The Defendant, at around 08:00 on April 14, 2015, drinked alcoholic beverages at the house of a ship after the Defendant, C, a line of boarding around 08:00.

The proposal was made to drink 101 victims E (n, 41 years of age) in Seo-gu, Daejeon, such as C, etc.

The Defendant returned to around 10:00 on the same day, and when the said C et al. left a part of the victim, he left the victim’s clothes by forcing rape, and attempted to rape the victim, but the victim resisted against it and attempted to commit rape.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. On-site photographs;

1. Previous convictions as indicated in the judgment: The details of inquiry of summary information of each consolidated case; the copy of the judgment of Daejeon District Court 2014No. 2951, 2014 No. 3275 (Consolidation); copy of the text of the judgment of Daejeon District Court 2014, 3154, 209, 2015, 3209, 2015, 2015, 2015, 1252 (Consolidation) and 1532 (Consolidation) shall apply to the Acts and subordinate statutes of Daejeon District Court;

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. The first sentence of Article 37 of the Criminal Act to treat concurrent crimes: Provided, That the first sentence of Article 39 (1) shall be applicable;

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 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 Committed to Order;

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, Article 49(1) proviso and Article 50(1) proviso of the Act on the Protection of Children and Juveniles against Sexual Abuse.

arrow