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(영문) 인천지방법원 2013.11.20 2013고합598

강간미수

Text

A defendant shall be punished by imprisonment for not less than two years and six months.

The defendant shall be ordered to complete the sexual assault treatment program for 40 hours.

Reasons

Punishment of the crime

On September 9, 2013, at around 03:10, the Defendant was able to rape by reporting the victim E (here, 20 years of age) walking along the paths, while being bread in the D basin stairs located in Nam-gu Incheon Metropolitan City, Nam-gu C.

At around 03:30 on the same day, the Defendant sent the victim to approximately 3 km section from the said D Station to the front line of the Gjust in Incheon Bupyeong-gu, Incheon, and, at around 03:30 on the same day, laid off the victim's arms by attracting the victim's arms, cutting off the victim's fingers on the floor, cutting off the victim's fingers, cut off the victim's breasts, added the victim's chests, added the victim's fingers into the sound part, but did not occur, so the Defendant was forced the frighter to put the victim into his sexual organ.

On the other hand, the Defendant continued to feel a human dog in the vicinity and attempted to commit rape by towing about about 300 meters of the victim to the alleyway in the Bupyeong-gu Incheon Bupyeong-gu H. However, upon receiving the victim’s report, the Defendant did not know the victim’s intention and did not commit an attempted crime.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Application of the Acts and subordinate statutes to photographs, such as the victim's telegraphic photo, etc., including the first place;

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

1. Articles 25 (2) and 55 (1) 3 of the Criminal Act, which are statutory mitigation;

1. The main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed;

1. Article 47 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and Article 49 (1) 2 of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. Where a conviction against the instant criminal facts is finalized, the Defendant who registered personal information under Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and Article 50(1)2 of the Act on the Protection of Children and Juveniles against Sexual Abuse shall obtain personal information pursuant to Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes