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(영문) 제주지방법원 2015.12.10 2015고합137
강간미수
Text

A defendant shall be punished by imprisonment for two years.

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

During the Jeju-si Interconnection, the Defendant: (a) tried to walk the mixed victim C (the name, felling, 19 years of age) to find out the victim C; and (b) followed the victim to rape on August 20, 2015; (c) asked the victim “at around D in front of the Jeju-si,” “Isle” on August 20, 2015; and (d) accessed the victim; (b) opened the victim’s hand to walk up; (c) opened the victim’s left chest; and (d) opened the victim’s door to the surrounding building; (d) opened the victim’s left arms to the victim’s parking lot; and (e) tried to rape the victim with his clothes; (e) the victim sawed the victim’s hand; and (e) did not have attempted to flee; and (e) the victim took the victim’s hand; and (e) did not commit so.

Summary of Evidence

1. Defendant's legal statement;

1. Each prosecutor's protocol of examination of the accused;

1. Statement made to C by the police;

1. All CCTV CDs and other CCTV-cap photographs;

1. A report on the occurrence of a crime, a criminal investigation report, a receipt, or a report on seizure;

1. Application of Acts and subordinate statutes to the internal investigation report (verification of CCTV, etc. in the vicinity of the site), internal investigation report (verification of the route that is not returned to the suspect), internal investigation report (related to the need to verify the identity of the suspected victim and the details of the base station), internal investigation report (to store CCTV screen images and capture CCTV images in the dispatch of the suspected victim), internal investigation report (the ground for application for the confirmation of the identity of the suspected victim and the seizure warrant), internal investigation report (the confirmation, etc. of the financial institution issuing the suspect's possession card), investigation report (Attachment of photographs attached at the time of committing the crime), investigation report (the attachment of CCTV, such as the suspect's wife), investigation report (the comprehensive investigation of CCTV at the time of escape from the scene of the crime), investigation report (the results of execution of the seizure warrant and the storage of CD replies) (the results of the execution of the seizure warrant against the new bank), and attached data;

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

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. The sentencing under Article 62(1) of the Criminal Act is as follows.

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