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(영문) 서울북부지방법원 2014.02.07 2013고합351

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

Reasons

Punishment of the crime

On September 6, 2013, the Defendant seems to have written off September 16, 2013 of the facts charged.

Around 21:00, the victim F (the 27-year old) who was a graduate school located in the studum house of the defendant in Dongdaemun-gu Seoul, Dongdaemun-gu, Seoul, is trying to attract the defendant under the influence of alcohol to the room and to leave the victim's body in a forced manner, prevent the victim from leaving the body above the victim's body and leaving the victim's body in a forced manner, prevent the victim's body from going back to the bed, and prevent the victim's body from going into the bed and pushed the defendant's body, and again booms the victim's body again and re-enters the victim's body to be placed in the bed, and to put the victim's body above the victim's body, and to put the victim's body into the victim's entrance, and to put the victim's body into the victim's body, and to put the victim's body into the victim's body, but the victim did not have sexual intercourse with the defendant, but did not have sexual intercourse.

Summary of Evidence

1. Application of the Acts and subordinate statutes governing F of the defendant's partial statement statement statement F of F of the witness F of the court statement by the police station to the statement statement statement of the defendant F of the defendant, recording of the statement statement submitted

1. Articles 300 and 297 of the Criminal Act applicable to the crimes;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. The main sentence of Article 16 (2), Article 16 (4) and (9) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, Article 47 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, Article 49 of the Act on Probation, Etc., the main sentence of Article 49 (1) 2 of the Act on the Protection of Children

1. Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and the Act on the Protection of Children and Juveniles against Sexual Abuse;