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(영문) 서울동부지방법원 2018.01.25 2017고합356

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

Reasons

Punishment of the crime

On August 2, 2017, around 22:00, the Defendant served in concert with the victim E (name, franite, 29 years old) at a main point located in Yongsan-gu Seoul Metropolitan Government, Yongsan-gu, and then served in concert with the victim E (name, franite, 29 years old) and then moved to the victim's neighboring residence.

Around 03:00 on August 3, 2017, the Defendant saw a victim who refuses to enter his residence with the Defendant in front of his own residence in Seongdong-gu Seoul, and forced him to leave his place of residence, and prevented the victim from leaving his place of residence, and forced him to pushed the victim into the bend to the bend, thereby suppressing the victim’s resistance to the bend, leaving the victim into the bend, leaving the bend to the bend, leaving the bend on the bend, leaving the string, leaving the string, leaving the string, leaving the string, leaving the string, and rape the victim in his hand, but the victim did not have attempted to resist the victim by getting out of the bend, and making the victim resisting the string and pans of the pans of the victim, but the victim did not commit any attempted crime by getting out of the bend at the place, etc.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to E (tentative name, victim) and G;

1. Investigation report (in response to a request for appraisal), response to a request for appraisal (National Institute of Scientific Investigation), investigation report (verification of CCTVs in place and attachment of CDs), and CCTV video CDs;

1. 112 Application of the 112 Reporting Case Handling List, each photographic statute;

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

1. Article 25 (2) and Article 55 (1) 3 (Attempted Crimes of Disability) of the Criminal Act mitigated by law;

1. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);

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. 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, and the proviso to Article 49(1) and the proviso to Article 50(1) of the Act on the Protection of Juveniles from Sexual Abuse (the defendant shall be subject to criminal punishment for sexual crimes).