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(영문) 인천지방법원 2014.11.14 2014고합463

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

Reasons

Punishment of the crime

피고인은 2014. 4. 15. 21:30경 인천 서구 C에 있는 D주점에서 혼자서 의자에 앉아있는 업주인 피해자 E(49세, 여)를 발견하고, 갑자기 피해자에게 뛰어들며 피해자의 무릎 위에 앉아 양손으로 피해자의 양손을 잡아 틀어 움직이지 못하게 한 후 입을 피해자의 입술과 얼굴을 핥고, 손으로 피해자의 가슴을 만지고 자신의 성기를 피해자의 성기 부분에 가져다대며, “야, 실하네”라고 말을 하였다.

The Defendant continued to commit rape with the victim, who was sealed by the victim, who was the victim’s hand, was knife by the victim’s hand, and the victim was knife with the victim’s hand, and prevented him from leaving the victim’s body with the wall, and attempted to commit rape with the victim. However, the Defendant did not commit an attempted crime with the wind to resist and report it to the police.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes on police statement to E;

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

1. Article 25 (2) and Article 55 (1) 3 of the Criminal Act for mitigation of attempted crimes;

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. Probation Orders under Article 62-2 of the Criminal Act;

1. Where a conviction becomes final and conclusive on the facts constituting a sex offense subject to registration, which is subject to the registration and submission of personal information under the main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, the accused is a person subject to registration of personal information in accordance with Article 42 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and such accused

The disclosure and notification order of the registration information exempted from disclosure and notification order may have a significant influence on the defendant. In this case, the defendant's mistake is divided.