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(영문) 부산지방법원 서부지원 2017.08.31 2017고합73

강간미수등

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

Reasons

Punishment of the crime

Around 02:00 on April 9, 2016, the Defendant found a victim E (the age of 18) at the D convenience store located in Seo-gu Busan, Busan, where he tried to arrange for the disposal of goods in the warehouse, and the Defendant was her hand at one hand at the victim’s arms, sealed the victim into a toilet in front of the warehouse, pushed the victim into the toilet in front of the warehouse, pushed the victim’s shoulder, pushed the victim’s shoulder with the wall by breaking it in good hands, and tried to come off and rape the victim’s bar and clothes. However, the Defendant attempted to commit attempted to commit an attempted act without having the victim go through the wind of getting the victim and escape out of the toilet.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the prosecution against E;

1. Application of Acts and subordinate statutes to a report on investigation ( mobile phone text, etc. submitted by the victim);

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

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1. Article 62 (1) of the Criminal Act on the suspended execution (Article 62 (1) of the Criminal Act on the following grounds for sentencing);

1. The community service order under Article 62-2 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 Committed to Attend;

1. In full view of various circumstances, such as the Defendant’s age, occupation, family environment, social ties, criminal punishment, profits and preventive effects expected due to the instant disclosure order or notice order, disadvantages and side effects, etc., there are special circumstances in which the Defendant’s personal information may not be disclosed or notified, in light of the following: (a) Articles 47(1) and 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes subject to Exemption from Disclosure Order and Notice Order; (b) Articles 49(1) proviso and 50(1) proviso of the Act on the Protection of Children against Sexual Abuse; and (c) Article 50(1) proviso

In the event that a conviction is finalized on the criminal facts of this case, the defendant is punished for sexual crimes.