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(영문) 대구지방법원 서부지원 2015.01.22 2014고합198
강간상해
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A defendant shall be punished by imprisonment for not less than two years and six months.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

At around 22:00 on August 2, 2014, the Defendant tried to commit rape with the victim E (at least 40 years of age) who is an entertainment entertainment receptionist, and drink drinking together with the victim E (at least 40 years of age). The Defendant attempted to commit an attempted rape with the victim, she did not resist the victim, such as the victim’s head going beyond the floor and kising the victim’s head by going on the bridge, she turned down the bucks of the victim’s head by hand, she turned down the bucks of the victim’s knife with the knife with the knife of the knife with the knife of the knife and knife with the knife of the knife, and the victim’s knife with the knife of the victim’s knife.

Accordingly, the defendant tried to rape the victim, and tried to injure the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Examination protocol of the accused by prosecution;

1. E prosecutorial statement;

1. The police statement concerning F;

1. Application of each medical certificate, each photographic statute;

1. Relevant Articles of the Criminal Act and Articles 301, 300, and 297 of the Criminal Act concerning the crime;

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. The age, occupation, family environment, social relationship, criminal record, and risk of recidivism of the accused, which are recognized in the records under 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 a notification order, 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, and

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