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(영문) 춘천지방법원 속초지원 2017.08.24 2017고합17

강간미수

Text

A defendant shall be punished by imprisonment for one year.

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

Victim C (one person, half, and 21 years of age) was living together with the Defendant in accordance with Section 303 of the studio 303 of the studio located in Sin Sin Sin from October 30, 2016 at the beginning of the morning.

At the same time, the above room was requested to go in the room.

Around October 30, 2016, the Defendant continued to do so in the above room. Around October 15:47, 2016, when the injured party sought to enter the above room and clothes, the Defendant: (a) obstructed the injured party by putting his left hand in the room; (b) putting the injured party’s hand on the body of the injured party; (c) coercing the victim’s resistance; (d) putting the injured party’s hand on the body of the injured party; (c) walking the victim’s clothes and clothes on the part of the injured party; and (d) kid the chest of both the injured party’s chest and the chest; and (d) tried to rape the injured party by taking the part of the injured party’s finger and the clothes on the part of the lower part of the injured party; and (e) having reported the injured party to the police; and (e) having attempted to complete the injured party’s arming or unleaping the injured party.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Application of Acts and subordinate statutes to report processing 112, photographs, D studio site photographs, investigation reports (to hear victim C telephone statements);

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. Articles 53 and 55 (1) 3 of the Criminal Act (the following sentencing shall be considered in consideration of favorable circumstances in consideration of the amount of punishment):

1. Article 62 (1) of the Criminal Act on the suspension of execution (the following sentencing shall be repeatedly considered for favorable circumstances);

1. Where a conviction becomes final and conclusive on the facts constituting a sex offense subject to registration and submission of personal information under Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, the Defendant is a person subject to registration of personal information pursuant to Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and the Defendant is obligated to submit personal information to the competent agency pursuant to Article 43 of the same Act.