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(영문) 창원지방법원 2020.11.26 2020고합162
강간미수
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A defendant shall be punished by imprisonment for not less than one year and six months.

except that the above sentence shall be executed for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

At around 20:30 on May 28, 2020, the Defendant: (a) was trying to rape the victim on three occasions “Dmast area” in which the victim C (the age of 31) works as an employee; (b) was placed on the part of the victim by forced landing the victim’s arms; and (c) was unable to resist against the victim’s body, such as holding the victim’s arms on the part of his hand, and taking the knife the victim’s chest and body; (d) kid the victim’s chest and body; (e) kid the victim’s chest and body; (e) kid the victim’s clothes; and (e) continued to put the Defendant’s sexual flag into the part of the victim’s body, but did not commit an attempted crime by resisting the victim’s body and resistance.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. A report on the result of appraisal;

1. Application of Acts and subordinate statutes to a criminal investigation report (limited to the attachment of documents related to the emergency KIKO of a victim), a criminal investigation report (limited to the site of a case and the attachment of photographs of a victim), and a criminal investigation report (limited to 112

1. Articles 300 and 297 of the Criminal Act applicable to the crimes;

1. Articles 25 (2) and 55 (1) 3 of the Criminal Act, which are statutory mitigation;

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. The main sentence of Article 56 (1) of the former Act on the Protection of Children and Juveniles against Sexual Abuse (amended by Act No. 1738 of Jun. 2, 2020), the main sentence of Article 59-3 (1) of the Welfare of Disabled Persons Act

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 former Act on the Protection of Children and Juveniles against Sexual Abuse (amended by Act No. 17282, May 19, 202) are difficult to readily conclude that the Defendant has a risk of recommitting a sexual crime due to the absence of a criminal record identical to that of the Defendant, and an order to attend a lecture for

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