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(영문) 대전지방법원 2018.05.03 2018고합33

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

The defendant is a person working in D, and the victim E (n, 20 years of age) is a person working in F and working in F, and is a person working in the same workplace.

On September 12, 2017, the Defendant and the victim sent one-day trip to “H” located in G in the official city in the official city in the official city, along with the workplace rent around September 2, 2017.

From around 03:00 to around 04:00 on September 13, 2017, the Defendant: (a) placed the victim’s 2nd floor gate room in the bed room; (b) laid the victim’s scam in the bed; and (c) laid the fingers into the part of the victim’s drinking part; (d) laid the victim’s body in the bed; and (e) laid down the fingers; (b) forced the victim’s bucks and clothes; (c) forced the victim’s buckbucks to suppress the victim’s resistance; and (d) attempted to rape by inserting the victim’s bucks into the part of the victim’s drinking part; and (e) did not have attempted to play in the sound entering the victim’s drinking part.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the prosecution and the police concerning E;

1. Application of Acts and subordinate statutes of a photograph, a CD, or a recording recording recording, to a letter and an I-cape;

1. Articles 300 and 297 of the Criminal Act concerning the facts constituting the crime;

1. Mitigation of attempted punishment: Articles 25(2) and 55(1)3 of the Criminal Act;

1. The main sentence of Article 16 (2) and Article 16 (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes against Order to attend a lecture or community service order;

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 the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse (the order to disclose or notify personal information may have a significant impact on the defendant. The instant crime is not an offense against many unspecified persons; the Defendant has no record of sexual crimes; the Defendant’s age, occupation, home environment, and social relationship.