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(영문) 서울북부지방법원 2018.01.19 2017고합449

강간미수

Text

A defendant shall be punished by imprisonment for two years.

However, the execution of the above punishment shall be suspended for a period of three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On July 11, 2017, at around 20:0, the Defendant d (the 54 years of age) drinked after drinking alcohol at the “E” drinking house operated by the victim D (the 54 years of age) in Jung-gu Seoul Metropolitan Government. On the same day, around 21:10, the Defendant, at around 21:10, tried to prevent the victim from getting out of the body of the victim, and to take out the entrance, to prevent the victim from getting out of the body of the victim, and to prevent the victim from getting out of the body of the victim, and to prevent the victim from getting out of the body of the victim, and to have the victim get out of the body of the victim's hand, and to have the victim get out of the entrance, and to prevent the victim from getting out of the body of the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of the photographic Acts and subordinate statutes;

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 suspended execution;

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, etc. of Protection and Order to attend education or community service order;

1. Article 47(1) and Article 49(1) proviso to Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from the Disclosure Order and Notification Order, and Article 50(1) proviso to Article 50 of the Act on the Protection of Children and Juveniles from Sexual Abuse [In full view of the following: (a) the background of the instant crime; (b) the Defendant’s age; (c) sexual conduct; (d) social ties; and (e) the risk of recidivism; (d) the disclosure order and notification order; (e) the benefits and effects expected by the disclosure order and notification order; and (e) disadvantages and side effects therefrom, there are special

[Judgment] Grounds for sentencing

1. Imprisonment with prison labor for a period of one year and six months to fifteen years;

2. The scope of punishment for recommendation;