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(영문) 수원지방법원 2015.09.15 2015고합272
준강간미수등
Text

A defendant shall be punished by imprisonment for one year.

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

1. A quasi-indecent act by compulsion around 06:30 on October 06, 201, the Defendant committed an indecent act by compulsion against the victim D (n, 21 years of age), E (n, 23 years of age)’s dwelling officetels in Suwon-si C, and committed an indecent act against the victim D and E, both of whom drinkd and E were engaged in drinking together, by drinking bucks of the victim D’s bucks on a diving spot on their hand.

2. The Defendant, at the same time, committed an indecent act on D at the same time, at the same place, and at the same time, and at the same place, would have come to knife D again with his female in the toilet, and she could have come to knife D again, and she did not go to the victim’s clothes by making knife the knife after she exceeded the victim’s panty, making the knife by inserting his her knife, and her knife his knife his knife, and bring the victim’s knife into the part of the victim’s knife, and brought the victim’s sexual organ into the part of the victim’s knife, but she did not go to this effect.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of E;

1. Statement of D police statement;

1. Application of Acts and subordinate statutes to police investigation reports (based on the results of inquiries about appraisal, telephone conversations in response to inquiries about appraisal requests, and telephone conversations in victim E-mail);

1. Relevant legal provisions concerning facts constituting an offense and Articles 299, 298, and 298 of the Criminal Act concerning the choice of punishment, and Articles 299, 297 and 300 of the Criminal Act;

1. Articles 25(2) and 55(1)3 of the Criminal Act (limited to attempted quasi-rapes and attempted quasi-rapes) of the said Act;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act (an aggravated punishment for the crimes of quasi-rape with heavier punishment)

1. Article 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation ( normal consideration in favor of the accused among the reasons for sentencing below);

1. Article 62 (1) of the Criminal Act (the foregoing sentence shall be taken into consideration in light of the circumstances);

1. Social service order under Article 62-2 of the Criminal Act;

1. The accused and the defense counsel under the main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes;

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