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(영문) 전주지방법원 남원지원 2018.11.08 2018고합17

강간미수

Text

A defendant shall be punished by imprisonment for two years.

The defendant's information about the defendant is used through an information and communications network for a period of five years.

Reasons

Criminal facts

On June 27, 2018, at around 06:10 on June 27, 2018, the Defendant discovered a victim who was divingd at the inside room of the victim D (n, 60 years of age) located in Nam-si, Namwon-si, with intent to rape the victim, and collected the victim’s face with one hand on the part of the victim, and took the victim’s seat with another hand, and she takes the victim’s neck with “hying hye;

It is called only the test to kill a sound arrhy.

“After the victim said to the lower end, the victim exceeded her pantyty, and tried to rape the victim’s chest while taking charge of the victim’s chest, but she exceeded her own lower part, but the victim was her attempted to commit rape. However, the victim was her attempted to commit an attempted crime by moving the Defendant’s hand together with the Defendant, her hand away from the drinking water, her hand, and escape.”

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the prosecution with regard to D;

1. Each police statement made to E and F;

1. On-site photographs and field photographs of the case;

1. A detailed statement of reported case processing; and

1. Application of investigation reports (in relation to the verification of CCTVs of a doner), internal investigation reports (in relation to the identification of a suspect), investigation reports (in relation to the verification of a suspect's residence), and the application of Acts and subordinate statutes;

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 (Articles 53 and 55(1)3 of the Criminal Act ( Taking into account the conditions of sentencing favorable to the following reasons for sentencing):

1. Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Aggravated Punishment, etc. of Sexual Crimes; Article 49(1)2 and Article 50(1)2 of the Act on the Protection of Juveniles from Sexual Abuse;

1. The main sentence of Article 56 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. The grounds for sentencing under Article 21-3(2) and (1), Article 21-2 subparag. 1, Article 21-4, Article 9-2 subparag. 4 and Article 9-2 subparag. 5 of the Act on the Protection and Observation, etc. of Specific Criminal Offenders and the Electronic Monitoring, Etc.