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(영문) 대구지방법원 서부지원 2017.04.13 2016고합174
강간미수
Text

A defendant shall be punished by imprisonment for one year.

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 2015, the Defendant became aware of the victim C (V, 38 years of age) and the NAD.

At around 21:30 on March 22, 2016, the Defendant, at the above gathering of “D”, told the victim to drink with the alcohol and, at around 23:50 on the same day, was parked on the back seat of another car owned by the Defendant in front of the Daegu-gu E-gu, Daegu-gu, the Defendant forced the victim to board the said car, and made the victim take the face of the victim, left the victim back to the back seat, kept the victim’s shoulder into the back seat, left the victim’s body, knife the victim’s shoulder, and knife the victim’s knife with the knife, knife the victim’s knife with the knife, and knife the victim’s left chest part with the knife, knife the victim’s knife with the knife.

Summary of Evidence

1. Statement made by C by the witness in the second public trial protocol;

1. Partial statement concerning the suspect interrogation protocol of the defendant by the prosecution;

1. Recording notes of a recording file;

1. Application of Acts and subordinate statutes to the investigation report (No. 22 of the evidence list);

1. Article 298 of the Criminal Act applicable to the facts constituting an offense and Article 298 of the choice of punishment;

1. Article 62 (1) of the Criminal Act on the stay of execution (The following favorable sentencing grounds shall be considered):

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) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes Exempted from Disclosure Orders and Notification Orders, the proviso to Article 49(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, Article 49(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse (including the Defendant’s absence of any history on sexual crimes, the degree and anticipated side effects of the Defendant’s disadvantage due to the disclosure orders and notification orders, and the preventive effect of sexual crimes subject to registration that may be achieved therefrom, and the protection effect of the victim from the sexual crimes subject to registration, personal information on the Defendant.

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