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(영문) 광주지방법원 목포지원 2015.07.23 2015고합88
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 three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On May 14, 2015, the Defendant attended the meeting of the Victim C (Y, 25 years old), along with the Company's Dongs, and continued to get the victims who met.

The Defendant, at around 00:00 on May 15, 2015, was under the influence of the victim’s house 00:0 on May 15, 2015, the Defendant was unable to enter the victim’s family e, where the victim’s family fluencing condition, lying the victim on the floor of the room, lying the victim’s home in mind to rape, walking the victim’s home to the upper chest, putting the hand into the brost, putting the hand into the brost, cutting off the victim’s inner part, and exceeded the victim’s inner part, she was unable to bring the victim’s male-child e, having the victim’s home opened and enter.

Accordingly, the defendant attempted to have sexual intercourse with the victim by taking advantage of the victim's mental or physical condition of the victim's failure to resist.

Summary of Evidence

1. Defendant's legal statement;

1. Application of C and E’s written statement statement Acts and subordinate statutes;

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

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

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among 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 Order to attend education

1. Articles 47(1) and 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from an order to disclose or notify, 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 age, occupation, family environment, social ties of the accused recognized as recorded, the relationship between the accused and the victim, and the previous offense (the accused is the primary

) In full view of the risk of recidivism, the risk of recidivism, and other benefits and effects expected by the disclosure or notification order of this case, and the disadvantages and side effects resulting therefrom, the personal information of the defendant shall not be disclosed or notified.

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