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(영문) 부산지방법원 2016.01.15 2015고합517

강간미수

Text

A defendant shall be punished by imprisonment for not less than two years and six months.

The defendant shall be ordered to complete a sexual assault treatment program for 80 hours.

Reasons

Punishment of the crime

On January 24, 2014, the Defendant and the person who requested an attachment order (hereinafter referred to as “Defendant”) was sentenced to imprisonment with prison labor for an injury at the Busan District Court and completed the execution of the sentence on May 29, 2014.

Criminal facts

On May 8, 2015, the Defendant: (a) around 01:10 on May 8, 2015, the Defendant: (b) moved approximately 10 meters away from the back of the victim E (n, 26 years of age) where he/she was seated, and (c) moved about 10 meters away from the victim E (n, e.g., he/she was faced with the victim; (d) moved the victim under the trees outside the above parking lot to the front part of the victim who was faced with the victim; and (d) allowed the victim to have his/her fingerd, knife and knife the victim’s chest; and (e) taken the victim’s knife and knife the victim’s chest.

“The victim tried to suppress and engage in sexual intercourse by intimidation, but the victim continued to do so with the wind to resist and resist his body.

Summary of Evidence

1. Statement by the defendant in court;

1. Legal statement of witness E;

1. Statement protocol by the police for E;

1. Photographs, map, and internal investigation reports, including each screen CD, each CCTV image, etc. (No. 2, 4, 10, 14, 15, No. 15);

1. Previous convictions in judgment: Application of Acts and subordinate statutes to inquiries, such as investigation reports (No. 18 No. 18), sentence, judgment, personal identification and acceptance status, criminal history, etc.;

1. Articles 300 and 297 of the Criminal Act concerning the facts constituting the crime;

1. The proviso to Article 35 and the proviso to Article 42 of the Criminal Act for aggravated repeated crimes;

1. Reduction of punishment for attempted crimes under Articles 25(2) and 55(1)3 of the Criminal Act (unauthorized crimes are not recognized, but such attempted crimes are recognized as not having been suspended as follows, and mitigation is granted as a result of recognizing such attempted crimes);

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

1. Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, etc. of Sexual Crimes, the Act on the Protection of Children and Juveniles against Sexual Abuse.