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(영문) 인천지방법원 부천지원 2019.09.27 2019고합146
강간미수
Text

A defendant shall be punished by imprisonment for three years.

However, the execution of the above punishment shall be suspended for four years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who has been a customer in the "△△△ Party" operated by the victim C (V, 49 years of age) in Kimpo-si.

The Defendant, at around 06:10 on March 17, 2019, 06: (a) the Defendant was trying to drink with the victim while drinking and singing together with the victim; (b) just the victim’s chest by hand; and (c) the victim resisted and resisted the victim with sound “I am .......”; (d) the victim was placed on the part of the victim by pushing the victim into a sofa; (d) the victim was divided into the part of the victim; (e) the victim was tightly sealed into the part of the victim; and (e) the victim was forced to put the victim into the part of the victim; (e) the Defendant was able to take off the part of the victim; and (e) the victim was able to take part in the part of the victim; and (e) the victim was able to take part in the part of the victim, but the victim was able to take part in the part of the victim by microfacing the victim’s body used by hand.

Accordingly, the defendant tried to rape the victim, but did not commit it but did not commit an attempted crime.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Application of Acts and subordinate statutes concerning recording contents;

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

1. Article 62 (1) of the Criminal Act ( considered as favorable circumstances, etc. among the reasons for sentencing following the suspended sentence);

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 Order to attend education

1. In full view of the Defendant’s age, environment, previous record, risk of recidivism, and the benefits and effects expected by the instant disclosure order or notification order, as well as the disadvantages and side effects therefrom, etc., the disclosure of the Defendant’s personal information may not be announced, taking account of Articles 47(1) and 49(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes Exempted from disclosure and notification order, 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, and the record and pleading of the instant case.

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