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(영문) 부산지방법원 2020.02.14 2019고합516

강간미수

Text

1. The defendant shall be punished by imprisonment for one year;

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

3.

Reasons

Punishment of the crime

On July 7, 2019, the Defendant: (a) called “I would like to come me, I would like to come me, I would like to come me,” but “I would like to come me, I would like to come me, I would like to come me,” and “I would like to come me, I would like to come me, I would like to come me, I would like to come me,” while I would like to come her to go home, and she would come her to go home, and she would come her chest and part of the victim who was her body, and she tried to come her to come her, and she would not come her to come her, and she would have to come her to come her, and she would have to come her to come her, and would have to come her to come her, and would have it difficult to come her to come her at the her body and make it difficult for the victim to come her at the next port.”

Accordingly, the defendant tried to rape the victim through violence or intimidation, but did not commit it but did not commit an attempted crime.

Summary of Evidence

1. Defendant's legal statement;

1. Video CDs or stenographic records;

1. Application of Acts and subordinate statutes to report internal investigation (12 report sheet);

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

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

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

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

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

1. Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from an order to disclose or notify information, the proviso to Article 49(1) and Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse;