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(영문) 서울남부지방법원 2015.07.09 2015고합88
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On February 10, 2015, at the D Co., Ltd. office located in Seocho-gu Seoul Metropolitan Government around 19:00, the Defendant: (a) went out of the office to leave the office to commit rape of the victim; (b) taken advantage of the situation where the two offices are located with the victim; (c) taken the victim into the office to attract him to rape; (d) taken the victim again into the office; and (e) taken the victim into the office; and (e) took the victim, kidding the victim into the floor, kiding the victim into the floor; (e) putting the victim into the floor, kiding the victim’s bar and clothes; (e) continuously putting the victim’s bridge, blocking the victim’s hand; and (e) forced the victim into the victim’s chest; and (e) attempted to take the victim’s finger with his finger, she did not commit rape; and (e) made the victim’s finger into the victim, without taking the victim’s finger.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Application of the Acts and subordinate statutes to photographs and photographs of victims at the scene of crime;

1. Articles 300 and 297 of the Criminal Act applicable to the crimes;

1. Articles 25 (2) and 55 (1) 3 of the Criminal Act, which are statutory mitigation;

1. Article 62 (1) of the Criminal Act;

1. Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Aggravated Punishment, Etc. of Sexual Crimes appears to have resulted in the instant crime by contingently exempted the Defendant from disclosure and notification orders. The instant crime appears not to be likely to prevent the Defendant from committing the same kind of crime, considering all the circumstances indicated in the instant records, including the fact that the Defendant has no criminal history, and the motive, means and circumstances of the instant crime, etc., comprehensively taking account of the fact that the Defendant did not have criminal history, and all the circumstances indicated in the instant records, such as the motive, means and circumstances of the instant crime.

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