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(영문) 인천지방법원 부천지원 2017.04.14 2016고합273

강간미수

Text

A defendant shall be punished by imprisonment for not less than one year and six months.

To order the defendant to complete a sexual assault treatment program for 80 hours.

Reasons

Punishment of the crime

On September 16, 2016, the Defendant, at the residence of the victim D (Gain, Gain, 39 years of age) located in Seocheon-si Office C building 309 on September 16, 2016, she was off the victim's her part after being pushed off with the victim, while drinking together with the victim, and tried to engage in sexual intercourse, but she did not resist the victim's her part of his/her part of his/her clothes, and did not commit any attempted act.

Summary of Evidence

1. Entry of the defendant in part in the first trial record;

1. Statements made by witnesses D in the second public trial records;

1. Statement made by the public prosecutor and the police concerning D;

1. Complaint;

1. Application of the Act and subordinate statutes to one CD, such as voluntary accompanying report, investigation report, investigation report (the tear and upper panty photograph of the victim), list of reported cases 112, one copy of the victim's collection structure photograph, and one copy of the evidence No. 6 photograph generation, and one photograph file CD;

1. Relevant Articles 300 and 297 of the Criminal Act concerning a crime (a person who has attempted rape);

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

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

1. Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from an order to disclose or a notification order, 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 Defendant has no record of having been punished for a sexual crime up to now, and the Defendant has a risk of preventing an unspecified number of women from committing a sexual crime in light of the substance of the instant crime;

In full view of the circumstances such as the fact that it is difficult to readily conclude, the fact that the registration of personal information of the defendant and the completion of a program can be seen as having the effect of preventing recidivism, there are special circumstances in which the defendant may not disclose or notify personal information.

(Recognition) In a case where a conviction against a defendant who has registered new information becomes final and conclusive, the defendant personal information is personal in accordance with Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes.