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(영문) 서울동부지방법원 2013.09.12 2013고합210

강간미수

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

At around 10:00 on March 26, 2012, the Defendant, at D’s house located in Gangdong-gu Seoul Metropolitan Government 101 for the purpose of having D’s female-friendly job offering victims E (e.g., age 21) locked between D’s house and D’s house, and had the desire to rape the victim.

The Defendant: (a) was dumped by the victim’s locked side; (b) was divided into a canter to prevent the victim from leaving the victim from departing from the said side of the victim; and (c) prevented the victim from resisting by suppressing the victim; (d) was off the victim’s chest, and tried to rape the victim; and (e) was not committed on the part of the victim’s wind hump, and the victim did not have the intent to escape from the lock.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to police statements made to victims E;

1. Articles 300 and 297 of the former Criminal Act (amended by Act No. 11574, Dec. 18, 2012) regarding criminal facts

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Article 62 (1) of the Criminal Act (The following consideration shall be made again for the reason of sentencing);

1. Where a judgment of conviction becomes final and conclusive on the facts constituting a crime on which personal information is registered under the main sentence of Article 16(2) of the former Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (wholly amended by Act No. 11556, Dec. 18, 2012; hereinafter the same shall apply), the Defendant is a person subject to registration of personal information under Article 32(1) of the former Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and the Defendant is obligated to submit personal information to the competent authority pursuant to Article 5(1) of the Addenda of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (wholly amended by Act No. 1156, Dec.

No "personal information prescribed as an exception to disclosure orders and notification orders" under Article 37(1) and the proviso to Article 41(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes for which an order to disclose or notify is exempted shall be disclosed.