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(영문) 인천지방법원 부천지원 2017.09.08 2017고합88

준강간미수등

Text

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

However, the execution of the above sentence shall be suspended for three years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

The Defendant and the Victim C (Y, 30 years old) came to be the Republic of Korea D with a view to acquiring Scuber's license, etc., as it became known through a travel car site.

1. On October 1, 2015, the Defendant forced indecent act committed an indecent act by force against the victim, including: (a) the victim’s knife the victim’s knife knife knife knife knife knife knife knife knife knife knife knife knife, and attempted knife knife

2. The Defendant attempted to quasi-rape at the same place around October 2, 2015, at the same time as around 05:30, and attempted to make a victim’s panty and panty, and have sexual intercourse with the victim, but the victim did not have such intent with the wind to keep the victim out of diving and to resist.

Summary of Evidence

1. Partial statement of the defendant;

1. The legal statement of the witness C;

1. A protocol concerning the prosecution and the police interrogation of the accused;

1. Statement made by the police with regard to C;

1. Complaint;

1. Arrangement of the CD in the video file file file with the victim and the suspect, proof of entry into or departure from the Republic of Korea, certificate of issuance of a copy of medical record, and record files of the mobile phone conversations with the suspect who has submitted the victim;

1. The investigation report (verification of suspect entry or departure details) and the application of statutes on individual immigration status;

1. Relevant legal provisions concerning facts constituting an offense and Article 298 of the Criminal Act (the point of forced indecent conduct, the choice of imprisonment), Articles 300, 299, and 297 of the Criminal Act (the point of attempted quasi-rape) of the same Act;

1. Article 25 (2) and Article 55 (1) 3 of the Criminal Act (limited to the attempted disability and the attempted quasi-rape as indicated in the judgment) that is legally mitigated;

1. The aggravated punishment for concurrent crimes prescribed in the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (an aggravated punishment for the attempted quasi-rape prescribed in a judgment heavier than punishment);

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. The proviso to Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from an order to attend a course (the defendant is currently receiving an air cancer treatment, etc. with the fourth period of time;