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(영문) 전주지방법원 군산지원 2015.01.30 2014고합189
성폭력범죄의처벌등에관한특례법위반(강간등치상)
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A defendant shall be punished by imprisonment for three years.

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

Reasons

Punishment of the crime

Around 1:00 on August 20, 2014, when the Defendant lacks the ability to discern things or make decisions due to dementia, the Defendant opened an unlocked gate and intruded into the victim’s residence, and did not resist the victim’s body, she did not separate the victim’s her hand and panty, and tried to rape the victim from the victim’s will and panty, and tried to rape the victim, and the victim escaped from the wind. In the process, the victim was injured by a serious pelle that requires approximately six weeks of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Protocols of police statements made to D and records of prosecution records;

1. Application of Acts and subordinate statutes of D's written diagnosis;

1. Article 8 (1) and Article 3 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and the elective Punishment of Sexual Crimes, Article 319 (1) of the Criminal Act;

1. Article 10 (2) and Article 55 (1) 3 of the Criminal Act for mitigation of mental disorders;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (Consideration of favorable circumstances, etc. among the reasons for sentencing below);

1. Article 62 (1) of the Criminal Act ( considered as favorable circumstances, etc. among the reasons for sentencing following the suspended sentence);

1. Where an order to disclose or notify to the public is issued under Articles 47(1) and 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes; Articles 49(1)2 and 50(1)2 of the Act on the Protection of Children and Juveniles against Sexual Abuse; Articles 42(1) and 43 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes against Sexual Crimes (where a conviction is confirmed on the crime of this case which is a sex offense subject to registration) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes; and where an order to attend a course is issued under the main sentence of Article 16(2) of the Act on Special Cases concerning the Punishment,

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