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(영문) 인천지방법원 부천지원 2017.11.24 2017고합186

준강간미수

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 three years from the date this judgment becomes final and conclusive.

Reasons

(2) On April 2, 2017, the Defendant: (a) on April 2, 2017, the Defendant: (b) on May 2, 2017, 202:0, the Defendant: (c) drinking alcohol with the Victim D (name, 23 years of age); (d) drinking alcohol; (e) drinking alcohol with the Victim 5*, and then drinking the Victim to rape the Victim; and (e) moving the Victim to the lower part of the Victim’s mouth and clothes; and (e) was under the influence of alcohol, the Defendant attempted to put the Victim into the sound part of the Victim, who is unable to resist, by drinking.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness F;

1. Statement made by the prosecution with regard to D;

1. Each police statement made to D or G;

1. Each statement of H and G;

1. Application of Acts and subordinate statutes to internal investigation reports, on-site photographs, investigation reports (emergency execution), photographs of damaged parts, records of diagnosis and treatment, response to requests for appraisal, investigation reports (in the case of research on the results of appraisal with the concerned countries) and investigation reports (in the case of response to requests for appraisal);

1. Articles 300, 299, and 297 of the Criminal Act concerning the facts constituting an offense;

1. Article 25 (2) and Article 55 (1) 3 of the Criminal Act, which is statutory mitigation;

1. Article 62 (1) of the Criminal Act on the stay of execution (Article 62 (1) of the Criminal Act on the grounds for sentencing as follows);

1. Article 62-2 (1) of the Criminal Act on the community service order;

1. Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to attend a lecture;

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 first offender who is not punished for any crime including any sexual crime) is the defendant's attempted crime, the defendant's attempted crime is the defendant's attempted crime, the victim does not want the punishment of the defendant by endeavoring to recover the victim's damage, the defendant does not have committed the crime of this case planned from the beginning, and the defendant's personal information and attending order is also registered in light of the defendant's age, sexual behavior, occupation, and social ties.