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(영문) 의정부지방법원 2016.04.20 2015고합435

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

Reasons

Punishment of the crime

On July 4, 2015, at around 03:00, the Defendant: (a) exceeded the victim E (n, 40 years of age) who was engaged in entertainment and drinking alcohol together with the victim E (n, e.g., the victim’s shoulder; (b) obstructed the victim’s knee and knee and did not resist; (c) applied the victim’s kne and kne and knebbs; and (d) attempted to commit rape by raising the victim’s kne and kne in the victim’s kne and exceeding the panty; (b) however, the Defendant attempted to commit an attempted rape.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. A statement prepared in F;

1. The application of the Acts and subordinate statutes concerning CCTV photographs of a business establishment that has occurred in the case;

1. Articles 300 and 297 of the Criminal Act concerning the facts constituting the crime;

1. Articles 53 and 55(1)3 of the Criminal Act for mitigation of amount (which has grounds to consider the commission of a crime)

1. Article 62(1) of the Criminal Act on the stay of execution (The following sentencing conditions specified in Article 51 of the Criminal Act shall be considered);

1. Grounds for sentencing under Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed against an order to attend a course;

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

2. The sentencing guidelines are not applicable to an attempted crime. 3. The crime of this case, which was sentenced to a sentence, is attempted to rape a victim, and the crime is not likely to be committed in light of the method of crime and the circumstances after the crime was committed (the rejection of the crime at the investigation stage).

However, if the defendant is detained in court, it is against the fact that the defendant is recognized as committing the crime, the crime is committed against the attempted crime, the victim does not want the punishment against the defendant, the defendant does not have the same criminal record or suspended execution, the defendant's detention without any criminal record or suspended execution, and the defendant's detention would cause excessive difficulty to his/her dependents, and other circumstances are considered in favor of the defendant, and the motive and the result are considered after the crime.