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(영문) 수원지방법원 안산지원 2014.05.16 2013고합380

준강간미수

Text

1. The defendant shall be punished by imprisonment with prison labor for one and half years;

2.Provided, That the above punishment shall be executed for two years from the date this judgment becomes final and conclusive;

Reasons

Punishment of the crime

On July 7, 2013, the Defendant, at the main point of “D,” located in the Sinyang-si, Annyang-si, Annyang-si, Mayang-si, performed the alcohol by friendly E with the victim F (the victim F (the 23 years of age), G and H, and H, while drinking with the fluort with the fluor, he was on the part of the victim, who was divingd under the influence of alcohol between G and H, and was on the part of E, who was on the front of the K agency located in the Sindong-gu, and went back to the “M” library located in the same Gu L.

At around 03:40 on the same day, the Defendant, while under the influence of alcohol in the guest room No. 528 of the above 03:40 on the same day, went off the clothes of the victim who was unable to resist, and frighted with the breast and fluor, and tried to have sexual intercourse with the victim by inserting his sexual organ into the drinking part of the victim, but she failed to do so with the wind that the victim refused to resist or refuse to do so.

Summary of Evidence

1. Statement of the accused in the first protocol of trial;

2. Statements E in the second protocol of the trial;

3. Application of Acts and subordinate statutes to police statements made to F and G;

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

2. Statutory mitigation under Articles 25 (2) and 55 (1) 3 of the Criminal Act;

3. Article 62 (1) of the Criminal Act;

4. Article 16 (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes against Probation and Social Service Order;

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

6. Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from an disclosure order and an order for notification order; Article 49(1) proviso of the Act on the Protection of Children and Juveniles against Sexual Abuse; Article 50(1) proviso of the Act on the Protection of Children and Juveniles against Sexual Abuse; Article 50(1) proviso appears to have committed the instant crime in somewhat contingent and contingent manner while drinking; and other reasons are attributable to the background leading up to the instant crime; the Defendant’s age, occupation, family relationship; and the disclosure order or