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(영문) 의정부지방법원 고양지원 2015.04.10 2015고합24
성폭력범죄의처벌등에관한특례법위반(특수강간)
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A defendant shall be punished by imprisonment for two years.

However, the execution of the above punishment shall be suspended for three years from the date of confirmation of the above judgment.

Reasons

Punishment of the crime

The Defendant, through a smartphone-making app, had a defect in the so-called condition-sharing and induced women to the telecom, and had a mind to commit rape by threatening them with a knife.

On October 18, 2014, at around 16:10, the Defendant decided to have a sexual intercourse with each other through a smartphone-making app, and was accommodated in the victim C (n, 28 years of age) and the Incheon Gyeyang-gu “Ecom” 605 in Gyeyang-gu, Incheon.

Although the Defendant tried to rape the victim by taking a brupt, which is a dangerous object that had been prepared in advance in the part of the victim who was saved after completion of a shower box, and by threatening “a brue, flag, 9cm in length, flag No. 1”, the Defendant did not go against the victim’s resistance, such as flaging the knife, etc., but did not go against it.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement concerning C and F;

1. A report on internal investigation by the police;

1. Seizure records;

1. Application of the Acts and subordinate statutes concerning seized articles, a statement or photograph of damage, and CCTV closures;

1. Relevant Articles 15 and 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and Article 297 of the Criminal Act concerning criminal facts;

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

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. The main sentence of Article 16 (2), the main sentence of Article 16 (3), and Article 16 (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes against Probation and Order to

1. Article 47(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from an order to disclose information and an order to notify information, 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, and the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, the Defendant’s primary crime is committed, and in this case, the Defendant

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