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(영문) 전주지방법원 2016.01.14 2015고합183
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 October 16, 2015, the Defendant, who became aware of smartphone hosting around 20:50 on October 16, 2015, drinked the victim C (the age of 48) with drinking alcohol, and asked the victim to get on his house at around 23:50 on the same day, thereby getting the victim to board the car.

On October 17, 2015, at around 00:20, the Defendant: (a) laid back the key of the vehicle in the labro 1143, Inc., Liberer’s car in the driver’s car; (b) laid down the vehicle in the driver’s car; (c) miled the victim’s seat behind his body; and (d) forced the victim’s neck by using his arms listed above the victim’s body; (c) forced the victim into the victim’s injury; (d) forced the victim’s suck by cutting the suck into the victim’s upper part; and (e) was frighted to the victim’s panty; and (e) was frighted to the victim’s injury by inserting the son’s hand into the victim’s panty; and (e) attempted to commit rape but did not have the victim’s sexual intercourse.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of the police statement protocol law to C

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 (Consideration of favorable circumstances among the following grounds for sentencing);

1. Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to attend a lecture;

1. In full view of all the circumstances such as Article 47(1) and Article 49(1) proviso of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes Exempted from the disclosure order and notification order, Article 49(1) proviso of the Act on the Protection of Children and Juveniles against Sexual Abuse, and the proviso to Article 50(1) proviso of the Act on the Protection of Children and Juveniles against Sexual Abuse (the Defendant has no record of punishment for sexual crimes, the Defendant appears to have committed contingent crimes, and the victim does not want punishment by mutual consent with the victim, and the benefits and effects expected by the disclosure order or notification order of this case, and disadvantages and side effects therefrom, the Defendant’s personal information shall be personal information.

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