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(영문) 인천지방법원 부천지원 2015.09.25 2015고합134

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 May 15, 2015, at around 23:40, the Defendant d(the age of 56), frightened in the “E” operated by the victim D (the age of 56) who was in Bupyeong-gu, Seocheon-gu, Seocheon-si, and tried to engage in an sexual intercourse with the victim, she spawnedly resisted the victim by reporting the victim who has broken himself and attempted to commit rape, and she failed to commit an attempted to commit an attempted sexual intercourse with the victim, she spawnedly resisted by the victim, spawning the victim’s spath and spathing the victim’s spath, spathing the spath, leaving the victim’s spath, spathing the spath, and spathing the victim’s spath, and spathing the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to D or F;

1. On-site photographs and damaged part photographs;

1. Application of Acts and subordinate statutes of police investigation reports;

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 consideration shall be repeated for the reason of sentencing);

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

1. In light of the following: (a) it is difficult to readily conclude that the Defendant has a risk of re-committing a sexual crime; (b) it is possible to correct the Defendant’s character and conduct by taking account of the fact that there is a possibility of correcting the Defendant’s personality and conduct through taking courses for the treatment of sexual assault; (c) the profits and preventive effects expected by an order to disclose or notify the Defendant’s registered information, as well as the disadvantages and side effects resulting therefrom, etc., comprehensively taking account of the following: (a) there is no history that the Defendant was punished as a sexual crime; and (d) there is no history that the Defendant committed the instant crime; and (e) there is no history that the Defendant was divided into a serious group of crimes; and (b) the Defendant’s personal information is disclosed and disclosed.