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(영문) 부산지방법원 2016.01.15 2015고합624

강간미수

Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

On June 10, 2015, at around 01:05, the Defendant tried to engage in sexual intercourse with the victim E (the victim E (the victim 36 years of age) who was in the above room while drinking alcohol in the room in Busan-gu, Busan-gu, about 01:05, by putting the victim on a knee, knee on the part of the knee, and preventing the victim from resisting the knee on the part of the knee, by leaving the knee on the part of the knee, by leaving the knee of the knee on the part of the knee, and by leaving the knee on the part of the knee on the part of the knee, the Defendant tried to engage in sexual intercourse with the knee of the knee with other hand, but the victim did not come off with the knee and pane without kne.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement protocol by the police for E;

1. Application of Acts and subordinate statutes to photographs of damaged victims;

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 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1. Article 62 (1) of the Criminal Act on the suspended execution (Article 62 (1) of the Criminal Act on the following grounds for sentencing);

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

1. Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from disclosure and notification orders, the proviso to Article 49(1) and the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse (the defendant has no record of sex crimes, etc.) are highly likely to recommit sexual crimes in light of the favorable circumstances that are deemed to be the grounds for sentencing under the following circumstances, the circumstances leading to the instant crime, etc.

In full view of the fact that it is difficult to see the defendant's personal information, and the profits and prevention effects expected by the disclosure or notification order with respect to the defendant, and all other circumstances such as disadvantages and side effects, there are special circumstances that the disclosure or notification of personal information

The purpose of rape is to determine the reasons for sentencing.