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(영문) 의정부지방법원고양지원 2020.10.27 2020고합109

강간미수

Text

A defendant shall be punished by imprisonment for three years.

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

Reasons

Punishment of the crime

The defendant and the victim B (the age of 52, the age of 52) are 2 to 3, and they are able to know only one face.

At around 03:30 on February 4, 2020, the Defendant suggested that the victim drinks alcohol with the victim by drinking with the victim’s “E”, and that the victim d’s residence entered the victim’s house at around 10:30 on the same day.

At around 15:20 on February 4, 2020, the Defendant was trying to put his sexual organ into the part of the victim’s drinking room in the state where, while drinking alcohol together with the victim, the Defendant did not put the victim into the part of the victim’s drinking room, by putting the victim’s own arms on the floor while drinking alcohol, by putting the victim into the part of the victim’s upper arms, preventing them from cutting down, kiding the victim’s kis and panty, cutting off the victim’s chest by force, cutting off the victim’s breast and panty, and continuing to put the victim’s chest into the part of the victim’s upper part. However, the Defendant attempted to put the victim’s upper part of the Defendant’s upper part of the drinking water into the part of the victim’s upper part.

Summary of Evidence

1. Application of the police statement statement B to the defendant's legal statement, reply details, and the statutes governing field photographs;

1. Articles 300 and 297 of the Criminal Act applicable to the crimes;

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. The main sentence of Article 16 (2) and Article 16 (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes against Order to attend education

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; the main sentence of Article 49(1) and the main sentence of Article 50(1) of the former Act on the Protection of Children and Juveniles against Sexual Abuse (Amended by Act No. 16622, Nov. 26, 2019);

1. Article 2 of the Addenda to the Act on the Protection of Children and Juveniles against Sexual Abuse (Act No. 16622, Nov. 26, 2019); the former Act on the Protection of Children and Juveniles against Sexual Abuse (Act No. 16622, Jun. 2, 2020)