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(영문) 인천지방법원 부천지원 2017.10.27 2017고합135

강간미수

Text

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 this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant and the victim E (the age of 36) were employed by "G" beauty service providers in Chinese F, who work together, and used the same accommodation temporarily.

At around 04:30 on July 11, 2016, the Defendant, in the room of the victim within 1804 room of the officetel building 1804, which is used as a lodging house of the G Beauty business in China, located in the F of China, had the victim boomed against the victim's resistance by going beyond the bed and preventing other victims from going on the part of the victim, and attempted to have sexual intercourse with the victim by cutting off the victim's clothes, cutting off the part of the victim's clothes, cutting off the chest, cutting off the part of the victim's clothes, putting the hand into the panty, and cutting the hands into the panty.

However, the victim failed to commit an attempted crime by keeping the victim's sound, and by keeping the defendant strongly, it did not reach the wind of resistance.

Summary of Evidence

1. Each legal statement of witness E, H, I, and J;

1. Statement made by the prosecutor and the police for E;

1. Criminal reconciliation agreement;

1. Application of Acts and subordinate statutes to the accusation, the details of 117 reported and consulted, and text message pictures;

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. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. The main sentence of Article 16 (2) and Article 16 (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes against Order to attend a lecture or community service order;

1. Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from disclosure and notification orders, 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 fact that the defendant has no record of criminal punishment before the criminal punishment of this case, the fact that the defendant has no record of criminal punishment before the criminal punishment of this case, the registration of personal information ordered by this court, and taking lectures in treatment of sexual assault to a certain extent can be prevented from

In addition, due to the defendant's age, risk of recidivism, motive, process of crime, seriousness of crime and order of disclosure notification.