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(영문) 서울서부지방법원 2014.10.23 2014고단1970
무고등
Text

A defendant shall be punished by imprisonment for one year.

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

Attached Form

Criminal facts

same as the entry.

Summary of Evidence

1. Defendant's legal statement;

1. A petition and a police statement of the defendant;

1. Application of Acts and subordinate statutes to the protocol of examination of witness;

1. Article 156 and Article 152 (1) of the Criminal Act applicable to the crimes;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62 (1) of the Criminal Act, Article 60 (3) of the Juvenile Act;

1. The defendant's reason for sentencing under Article 62-2 of the Criminal Code clearly guilty of the crime that he/she committed an attempted sexual intercourse with C by using the state of refusal to resist in order to avoid sexual intercourse with C. However, the defendant's assertion that he/she could not be able to understand that he/she did not have any contact, and that he/she subsequently denied the crime, and further, he/she filed a false complaint against the defendant, which resulted in an additional pain on the person who was under no contact with the defendant, and the nature of the crime is not very good, and the crime is not very good, and the crime does not interfere with the proper exercise of the State's penal authority. The defendant's strict punishment is necessary because it interferes with the proper exercise of the State's penal authority for the crime of attempted special quasi-rape, three years in the first instance trial, two years and six months in the short term, and then withdrawal of the petition about the crime of this case, confession and agreement between the defendant and the defendant without any influence on the criminal punishment of the student of this case.

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