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(영문) 대구지방법원 경주지원 2018.01.26 2017고합72
준강간미수
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

From August 4, 2017 to May 5, 201 of the same month, the Defendant was accommodated in D P P P P PPS in the “D P PPS” located in P PPS, and from August 5, 2017, from around 00:00 to around 00, the Defendant became aware of the victim E (the Defendant, 19 years of age) who is the same guests, as he/she joined the said PPS in the place where he/she drinks alcohol.

At around 06:30 on August 5, 2017, the Defendant entered the victim's room with "W4" for his own diving, followed by the victim, and followed by the victim's entrance, which is deeply locked with the accumulated skin, frightened by the victim, her chest by hand, her breast, her finger by hand, her finger into the victim's negative part, her finger by inserting his finger into the part of the victim's suffering, and then she tried to engage in sexual intercourse by inserting the victim's sexual organ into the part of the victim's suffering, and inserting the victim's sexual organ into the part of the victim's suffering, and then inserting the victim's sexual organ into the part of the victim's suffering."

E. T. M. T. T.

In other words, it did not go through the wind, but did not go through the attempted attempt.

Accordingly, the defendant tried to have sexual intercourse with the victim by taking advantage of the victim's resistance impossible condition.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the prosecution against E;

1. Application of investigation reports (related to the attachment of CCTV screen pictures installed in the strings), one CD of CCTV images, one investigation report (related to the attachment of a photograph of a string CCTV screen), other Acts and subordinate statutes to capture CCTV images;

1. Articles 300, 299, and 297 of the Criminal Act concerning the facts constituting an offense;

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of 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 Committed to Attend;

1. Article 47(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from disclosure orders and notification orders, the proviso to Article 49(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, and the proviso to Article 49(1

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