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(영문) 춘천지방법원 2014.11.14 2014고합67

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

On April 26, 2014, around 04:10, the Defendant attempted to rape with the victim by cutting the victim’s arms at the house of the victim D (the 21-year old age), a university located in Chuncheon City C 501 Dong C502, and cutting the victim’s arms over to the her part, preventing the victim from going on the her part, thereby suppressinging the victim’s resistance and cutting down the victim’s her hand, but attempted to commit any defect that the victim would report to the police without his retirement. However, the Defendant attempted to commit an attempted rape by voluntarily stopping the victim’s resistance.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the police statement law to D;

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

1. Articles 26 and 55 (1) 3 of the Criminal Act for attempted suspension and mitigation;

1. Article 62 (1) of the Criminal Act (Special Considerations in favor of the accused among the reasons for sentencing following the suspended sentence);

1. The crime of this case on the grounds of sentencing under Article 16(4), the main sentence of Article 16(2), and the main sentence of Article 16(3) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes against Probation, community service, or order to attend a course

A defendant shall be punished for an attempted crime in light of the details of the crime, the type of the crime used by the defendant, the degree of damage, etc.

However, even though the defendant committed a contingent crime, he/she himself/herself ceases to commit the crime of this case and commits it against his/her attempted crime, the defendant recognized the crime of this case, his/her effort to recover damage and agreed with the victim, there is no record of punishment for the defendant, and all other circumstances that are conditions for sentencing, such as the defendant's age, character and conduct, environment, family relationship, motive, method and consequence of the crime, and circumstances after the crime, shall be determined as per the disposition.

As seen in the reasons for sentencing prior to the exemption of the disclosure notification order, the Defendant committed the instant crime contingently, and committed the attempted crime.