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(영문) 서울북부지방법원 2018.05.25 2017고합557
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 three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant, at around 01:00 on August 8, 2017, at his own residence located within the Seoul Jung-gu Seoul Metropolitan Government Building 405, provided meals to victims E (n, 32 years of age) (n, e.g., children) who came to know at the former Dm clubs, provided beer with beer and beer, but the Defendant expressed the intent of the victim to go to the house.

C. Does it ignores Sal bal.

”라고 말하면서 피해자를 쓰러뜨리고 상체 위에 올라탄 다음 피해자의 뺨을 때리고, 소리 지르는 피해자의 입을 막았으며, 이에 위협을 느낀 피해자가 샤워를 한 후에 같이 하자며 피고인을 달래 었음에도, “ 씻기는 뭘 씻냐

“A cleaning agent,” and the victim was off from his own clothes in the body of the victim, and was forced to put his fingers into the body of the victim, and forced to be off his clothes, and attempted to rape the victim after suppressing the victim’s resistance, but the victim was not well off due to labeling, and the victim was “weight, like the defect,” from the victim who entered the victim’s toilet to the victim’s body. The victim did not escape from the body of the victim and attempted to commit the crime.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Articles of evidence, photographs, and 112 reported;

1. Application of Acts and subordinate statutes to a criminal investigation report (4 times a year), investigation report (Submission of a victim's diagnosis report, 14 times a year), investigation report (to make a statement by a witness, and net 16 times a year);

1. Articles 300 and 297 of the Criminal Act concerning the facts constituting the crime;

1. Mitigation of attempted punishment: Articles 25(2) and 55(1)3 of the Criminal Act;

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) and Article 16 (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes against Taking lectures and community service orders;

1. Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from disclosure and notification orders, 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 (the instant case)

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