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(영문) 광주지방법원 2015.08.10 2015고합188
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 April 15, 2015, between 00:00 and 01:00 on the same day, the Defendant attempted to engage in sexual intercourse with the victim F (n, 31 years of age) who is a workplace volunteer in Gwangju, Nam-gu, Gwangju, by taking the hand of the victim F (n, 31 years of age), putting the female on the bed, placing it on the bed, and preventing the female from getting up on the bed, and trying to have sexual intercourse with the fluor and clothes of the female, but the victim did not come out of the wind to resist.

Summary of Evidence

1. Any statement made by the defendant in compliance with this Act;

1. Entry of each statement made by a judicial police officer in compliance with the statements made to victims;

1. Any description fit for any request for appraisal;

1. Application of each of the video-related Acts and subordinate statutes to the extent that the victim asked the victim's medical map at the scene, photograph of the place where the victim occurred, and the fixed amount of the accused's body photograph;

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

1. Article 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation (The following extenuating circumstances among the reasons for sentencing shall be considered);

1. Article 62 (1) of the Criminal Act on the suspended execution (Article 62 (1) of the Criminal Act (Article 62 (1) is difficult to readily conclude that a defendant commits a crime against a victim who has no record of punishment for a sexual crime and has known to the victim, and thus, commits a crime, and takes into account the possibility and need for edification within the family and society

1. The main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes;

1. Grounds for sentencing under Article 16 (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes;

1. Scope of applicable sentences under law: Imprisonment with prison labor for one year and six months to 15 years;

2. An attempted offender of the sentencing criteria is not subject to the sentencing criteria.

3. Where a defendant who has made a decision on a sentence intends to drink alcohol at the main point of the workplace with the victim who is a work partner, drink the coffee, and to rape the victim together with his workplace, the nature of such crime is not good;

On the other hand.

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