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(영문) 수원지방법원 안산지원 2020.05.15 2019고합333

강간미수등

Text

A defendant shall be punished by imprisonment for two years.

However, the execution of the above punishment shall be suspended for four years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. At around 01:12 on August 1, 2019, the Defendant attempted rape: (a) entered a female toilet on the first floor of the building A of the members of Ansan-si, Ansan-si; (b) closed the door, and the victim waitings for the victim to leave the front section of the foregoing female toilet for the disabled; and (c) moved in the front section of the body of the disabled.

The Defendant shut down the door of the side of the disabled with his left hand, kiding the victim’s right chest with his hand, and intending to suppress and rape the victim’s resistance. However, the Defendant tried to listen to the victim’s friendship in the above toilets other than the above toilets in the sound, and tried to open the victim’s walk, “Isk sk sk sk sk sk sk sk sk sk sk sk sk sk sk sk sk sk skh, and the victim did not have his escape and attempted to do so.

2. The Defendant violated the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (inclusion in a multiple-use place) intruded into a female toilet on the first floor of a building within Ansan-si, a space for public use from around 01:07 on August 1, 2019 to around 01:12 on the same day, in order to have women using toilets mixed with the disabled attend the toilets, with an opportunity to rape.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Application of Acts and subordinate statutes to reports on internal investigation (including photographs attached thereto), such as the verification of the place of occurrence, and CCTV of buildings at the place of occurrence;

1. Relevant provisions of the Criminal Act and Articles 300 and 297 of the Criminal Act concerning criminal facts, and Article 12 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (the point of intrusion into places for public use for sexual purposes and the choice of imprisonment);

1. Articles 25(2) and 55(1)3 of the Criminal Act (with respect to attempted rape) mitigated by law;

1. Of concurrent crimes, the former part of Article 37 and Article 38(1) of the Criminal Act are applicable;