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(영문) 수원지방법원 평택지원 2017.11.24 2017고합132

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 three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On August 23, 2017, the Defendant, at around 01:30 on the front of Pyeongtaek-si D, had the victim E (at the age of 19) who drinks alcohol and returned to his house, had the victim forcedly induced the victim to enter the victim's entrance alcohol, led the victim's hand to the F apartment model lower-class parking lot.

The Defendant laid the victim's chest by putting his finger into the victim's inner part, cut the victim's chest with his finger, cut the victim's shoulder, cut the victim's body over the floor, cut the victim's head into the victim's body, and prevented the victim from resisting.

On the other hand, the Defendant continued to be off the victim's panty and panty, put the fingers of the Defendant into the part of the victim's sound, and attempted to put the Defendant's sexual organ into the part of the victim's sound, but did not have the Defendant's sexual organ into the part of the victim's sound, and attempted to do so.

Summary of Evidence

1. Statement of the defendant in the first trial record;

1. Application of Acts and subordinate statutes of police statement protocol to E;

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 to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspended execution;

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

1. In full view of the following circumstances: (a) Articles 47(1) and 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from disclosure and disclosure order; (b) the proviso to Article 49(1) and the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse (the primary and unspecified persons are not crimes committed against multiple and unspecified persons); and (c) the Defendant’s age, details of the crime; (d) circumstances after the crime; (e) profits and preventive effects expected by the disclosure order; and (e) disadvantages and side effects therefrom, there are special circumstances that may not disclose the Defendant’s personal information

The defendant is found guilty of the defendant who registered his/her new commercial information.