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(영문) 대전지방법원 천안지원 2020.04.08 2020고합24

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

Reasons

Punishment of the crime

The defendant is between the victim B (n, 40 years of age) and the victim B (n, 40 years of age) from around September 2015 to September 2018.

On October 6, 2019, at around 20:00, the Defendant found the victim's house located in the Asan City C Apartment, Asan City, and started diving, and thereafter, on July 09:10, the next day, 10:00, 10:00, the Defendant sought a sex relationship between the victim who was preparing to work at the inside and outside of the entrance, but the victim was demanded to refuse it, but the victim was forced to go on the part of the victim to go off, she was forced to go on the part of the victim, she was forced to go off on the part of the victim, and she was forced to go off on the part of the other victim's spoke and panty, and tried to rape the victim again, but the victim continued to resist, "I did not have any reason to live, she did not arrive at the scene, and did not arrive at the scene and did not arrive at the scene."

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning B;

1. A report on internal investigation and a list of reported cases;

1. Application of Acts and subordinate statutes governing requests for appraisal;

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

1. Article 25 (2) and Article 55 (1) 3 of the Criminal Act for mitigation of attempted crimes;

1. The main sentence of Article 62 (1) of the Criminal Act and Article 51 of the same 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 Disclosure and Notification Orders; 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 crime of this case is not committed against an unspecified victim or child; the crime of this case is not committed against an unspecified victim or child; the order to register personal information of the accused and attend a lecture for sexual assault treatment can have the effect of preventing re-offending; and the age, occupation, and occupation of the accused.