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(영문) 수원지방법원 안산지원 2014.07.11 2014고합134

준강간미수

Text

1. The defendant shall be punished by imprisonment with prison labor for one and half years;

2.Provided, That the above punishment shall be executed for two years from the date this judgment becomes final and conclusive;

Reasons

Punishment of the crime

On January 29, 2014, the Defendant, along with the victim E (n, 30 years of age) who came to know through Internet hosting at a drinking house located in Heung City around January 29, 2014, tried to drink with the victim E (n, 30 years of age). The Defendant, under the influence of alcohol, tried to be exempted from the victim’s clothes, i.e., the victim’s chest and drinking part, and to engage in sexual intercourse with the victim’s breast and drinking part, but the victim was not able to walk the Defendant’s face by shouldering or shot.

Accordingly, the defendant tried to have sexual intercourse with the victim by taking advantage of the victim's failure to resist.

Summary of Evidence

1. Defendant's legal statement;

2. Application of Acts and subordinate statutes on police statement to E;

1. Articles 300, 299, and 297 of the Criminal Act applicable to the facts constituting an offense;

2. Statutory mitigation under Articles 25 (2) and 55 (1) 3 of the Criminal Act;

3. Article 62 (1) of the Criminal Act;

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

5. According to the proviso of Article 47(1), the proviso of Article 49(1), the proviso of Article 49(1), the proviso of Article 49(1), and the proviso of Article 50(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes Exempted from the Disclosure Order and Notification Order (the defendant appears to have committed the crime of this case in a dynamic and dynamic manner while drinking, and the crime of this case is committed in an attempted crime, there is no record of punishment due to sex crime, and there is no other special circumstance that should not disclose and notify the defendant's personal information in full taking account of the defendant's occupation, family relation, profits and preventive effects expected from the disclosure order or notification order to the defendant, and disadvantages and side effects therefrom). The sentencing guidelines do not apply to this case as an attempted crime.

1. The scope of applicable sentences: Imprisonment for one year and six months to fifteen years;

2. This case shall be on the Internet of the accused.