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(영문) 서울서부지방법원 2015.10.16 2015고합149

강간미수

Text

A defendant shall be punished by imprisonment for two years.

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

At around 03:20 on May 2, 2015, the Defendant: (a) committed an assault, such as assaulting the victim’s shoulder, humbling, humbing, humbling, etc., at his own house located in Seodaemun-gu Seoul and Seo-gu 203 at the Red-ro University Festival, and (b) attempted to commit rape with the victim’s clothes, which had taken the victim’s dwelling at the site of the festival of the Red-do University, by burning the bump to the bump of alcohol; (c) however, (d) the victim, who was suffering from the mind, tried to have the bumbling of his arms, sound, humbing, huming, etc., and humbing the bumbrance with the victim’s humbrance, which led the victim to an attempted crime, such as huming the sound

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. The photograph and statement of the victim's neck;

1. Application of the Acts and subordinate statutes for investigation reporting;

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

1. Articles 25 (2) and 55 (1) 3 of the Criminal Act, which are statutory mitigation;

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 (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes against Probation and Order to Attend Courses;

1. Articles 47(1) and 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 the proviso to Article 50(1) of the Act on the Protection of Sex Offenses against Children and Juveniles (in this case, it appears that the registration of personal information, probation, and taking courses for sexual assault treatment would have an effect to prevent recidivism of a defendant to a certain extent, and there are special circumstances that may not disclose or notify the defendant's personal information in light of the defendant's family relationship, etc.). Where a conviction of the defendant who has registered personal information becomes final, the defendant becomes a person subject to registration of personal information under the main sentence of Article 42(1) of the Act on Special Cases concerning the Punishment, etc