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(영문) 수원지방법원 안산지원 2016.10.21 2016고합212
강간미수등
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

The Defendant, from around October 2014 to around October 2015, 2015, was able to rape the victim on June 15, 2016, after having finished internal relations with the victim D (the age of 51) and had been in contact with or without contact with the victim.

At around 23:00 on the same day, the Defendant, at the 'G' point of the victim's operation in Ansan-si E, Ansan-gu, 401, and the victim, who had been located in the same Gu F, was off his own clothes and panty only after being pantyed with the spanty of the 401 spanty of the victim, to take the defendant into drinking at the 'G' point of the victim' in the same Gu F.

Therefore, the victim said, “drawing, leaving, or going through funeral.” The victim, by his own hand, exceeded the victim’s pursuant to the lock, plucking, plucking, and cutting off the victim’s shoulder, and breaking off the victim’s blap, breaking off the victim’s blap, and breaking off the victim’s chest, leaving the victim’s chest, and getting off the victim’s blap, and trying to rape the victim by getting off the victim’s blap, and cutting off the victim’s blap. In order to escape the victim’s chest, the victim flaped the Defendant’s tobacco to flap the victim’s tobacco, and the Defendant attempted to do so without having the victim escape.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the DNA statutes to the defendant concerning the examination of suspect;

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

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 registered information, the proviso to Article 49(1) and the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse - Defendant committed a crime;

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