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(영문) 대구지방법원 포항지원 2017.11.23 2017고합80

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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On July 24, 2017, 20:20 on July 24, 2017, the Defendant talked about D Borrowing 102, the residence of the Defendant in South-gu, Nam-gu, Seoul, about the refund of the deposit, and made efforts to promptly refund the deposit from the damaged person.

“I believe how I will see the horses and rape the victims.”

In the case of the body, the Court stated that the victim's shoulder is " d." and that the victim's shoulder is tightly d.", and the victim's shoulder and arms are unfolded, so that sexual intercourse is attempted after the victim has come to the toilet and the victim's shoulder and arms are separated, and the escape was attempted to the wind.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Reports on internal investigation (Attachment of photographs of physical damage to victims E), investigation reports ( Results of requests for appraisal) and the application of Acts and subordinate statutes;

1. Articles 300 and 297 of the Criminal Act concerning the facts constituting the crime;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspended execution;

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

1. Taking full account of the following: (a) Article 47(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes Exempted from the disclosure order and the notification order; (b) Article 49(1) proviso of the Act on the Protection of Children and Juveniles against Sexual Abuse; (c) Article 49(1) proviso of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes; and (d) Article 50(1) proviso of the Act on the Protection of Children and Juveniles against Sexual Abuse (with no history of criminal punishment against the Defendant for sex crimes; and (d) the sexual crime of this case is not an offense against an unspecified woman; and (e) the Defendant’s age, family environment, social relationship, degree of risk of recidivism; (e) profits expected by the disclosure order of this case; and effects expected by the disclosure order of this case; and the disadvantages and side effects therefrom