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(영문) 부산지방법원 서부지원 2018.01.25 2017고합155

강간미수

Text

A defendant shall be punished by imprisonment for not less than one year and six months.

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

The defendant is a victim D (M, 81 years old) who resides in the same apartment house in Busan Seo-gu C, and resides in the same apartment house as that of the same apartment house and about about 15 years old.

On September 24, 2017, the Defendant: (a) around 02:00 on September 24, 2017, the Defendant opened a door because there is an urgent work for the victim at the home of the victim of the 121-dong, Busan Seo-gu, Busan, Seo-gu, 121-dong, and requested the door to be opened, and divided into the victim’s house and talk with the victim.

It refers to the "Greging the inside of the inside of the inside of the inside of the inside of the inside of the victim" and the inside of the victim's shoulder with a single hand is sealed by the victim's shoulder, and the victim's resistance is unconcepted, and the victim tried to rape by cutting off the victim's clothes, but the victim did not go against the victim's arms, shouldering and resisting them.

Accordingly, the defendant attempted to rape the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. A photo of the part of the body to sell the victim;

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

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

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 considered in favor of the reasons for sentencing);

1. Article 62 (1) of the Criminal Act (Article 62 (1) of the Act on the Suspension of Execution (Article 62 (1) shall be repeatedly considered as follows

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 a lecture or community service order;

1. Article 47(1) and Article 49(1) proviso of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes subject to Disclosure Orders and Notice Orders, and Article 49(1) proviso of the Act on the Protection of Children and Juveniles from Sexual Abuse (the Defendant’s age, the degree of risk of recidivism, the type of the crime in this case, the process and consequence of the crime, the seriousness of the crime, the disclosure order or notice order, the degree of disadvantage and anticipated side effects that the Defendant suffers, and the sex crime subject to registration that may result therefrom.