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(영문) 서울북부지방법원 2015.11.13 2015고합228
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

On June 29, 2015, at around 01:10, the Defendant: (a) 01:10, at the construction site located in Gangseo-gu Seoul, Gangnam-gu, Seoul; (b) expressed that the victim D (the name, the 18-year old age) who passed the place was able to take a bath; and (c) brought the victim into the subsequent arms of the victim, and as the victim took the knife, “the knife is contrary to the knife face”; and (d) took two knife against the victim’s resistance, such as suppressing the knife’s knife with the left hand, the Defendant intending to commit rape by taking the victim’s left chest, leading the victim’s chest into the knife parking lot while taking the victim’s knife and knife the knife’s knife.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of D (alias) and E;

1. Investigation report (a CCTV investigation to be installed on a suspect escape route), investigation report (in the field, analysis of CCTV around the site), investigation report (the form of a suspect marked on CCTV for the purpose of crime prevention, and the form of a suspect marked on CCTV in the friendly meeting);

1. Application of the provisions of the Acts and subordinate statutes to the suspect who has taken a photograph of the F CCTV course, a photograph of the G CCTV course, a CCTV for crime prevention, or a suspect who has taken a CCTV of the ebride;

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

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

3. Article 62 (1) of the Criminal Act (The following consideration shall be made again for the reason of sentencing).

4. Order to attend lectures and order to provide community service, Article 62-2 of the Criminal Act, the main sentence of Article 16 (2) and (4) of the Act on Special Cases concerning the Punishment,

5. Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from an Disclosure Order and an Notification Order; Article 49(1) proviso of the Act on the Protection of Children and Juveniles against Sexual Abuse; Article 50(1) proviso of the Act on the Protection of Children and Juveniles against Sexual Abuse has no record of being punished as a sexual crime in the past; and Article 50(1) proviso of the Act provides that the crime of this case is committed in the attempted crime; and that the Defendant

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