logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대전지방법원 서산지원 2019.08.07 2019고합19
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 28, 2018, around 00:15, the Defendant drinked with the victim D (inn, 23 years of age) within the Manan-gu Bab Ba, Annyang-gu, Annyang-gu, Annyang-gu, Annyang-si, Annyang-si, with the victim D (inn, 23 years of age), and had the victim forced the victim to be able to rape the victim after entering the said telecom with his/her defect at the late time, with his/her own defect inside the said telecom, with the victim's mind that he/she would commit rape. The Defendant left the victim's chest on his/her hand, with his/her hand, and forced him/her to leave the victim's will

Then, the Defendant’s body divided the victim’s body into the victim’s body, and forced off the victim’s clothes in his/her hands without suppressing his/her resistance, and tried to insert the Defendant’s sexual organ into the sexual organ of another victim’s body continuously going into the victim’s body, and the victim was able to have his/her hair sealed by his/her hand and her son’s hair cannot be inserted into the Defendant’s sexual organ, and attempted without having sexual intercourse with the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. CCTV closure photographs;

1. Application of Acts and subordinate statutes to a criminal investigation report (the details of letters sent by a suspect to a complainant), investigation report (the telephone conversations for witnesses E who are maternity workers at the time of criminal investigation);

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

1. Article 25 (2) and Article 55 (1) 3 of the Criminal Act for mitigation of attempted crimes;

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

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

1. An order for disclosure and notification, order for exemption from employment restriction, and Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, 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, the proviso to Article 56(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, Article 2 of the Addenda to the Act on Welfare of Persons with Disabilities, and Act on Welfare of Persons with Disabilities.

arrow