logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2015.04.03 2014고합1536
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On October 26, 2014, around 06:00 on October 26, 2014, the Defendant found the victim C (a person, a woman, 23 years of age) and their friendships, and carried out a unconstitutional printing together with the victim’s happiness.

After that, the victim called the victim to go to a high-speed terminal as he would get off to the local area, and then changed to the Domoel 207 in Gangnam-gu Seoul around 07:40 on the same day.

The Defendant: (a) was in contact with the victim-friendly Gu and tried to commit rape by placing the victim’s hand on the part of the victim, who was forced to take the victim’s hand, who is about to leave the said room; (b) placing him on the part of the victim’s chest; (c) placing him on the part of the chest; and (d) placing his hand on the part of the victim’s panty, by placing him into the victim’s panty, thereby suppressing the victim’s resistance; and (c) tried to commit rape; (d) however, the Defendant did not come to force the victim’s strong resistance.

Accordingly, the defendant tried to rape the victim, but attempted to commit it.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to the police statement made to C (alias);

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

1. Mitigation of discretionary mitigation under Articles 53 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 consideration shall be made again for the reason of sentencing);

1. The main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes;

1. 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 notify, and 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 do not have any penal power, and a person who resides in a certain residence is clearly in social relationship and the victim does not want the punishment of the defendant.

In order to prevent recidivism only by registering personal information of the accused and attending sexual assault treatment courses.

arrow