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(영문) 대전지방법원 서산지원 2019.08.14 2019고합10
강간미수
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A defendant shall be punished by imprisonment for a term of one year and two months.

Disclosure and notification of information on the accused for five years.

(b) the defendant;

Reasons

Punishment of the crime

At around 14:30 on September 8, 2018, the Defendant: (a) reported the victim D (the 28 years of age, the name of the victim) who was directed by the Defendant in accordance with the building B in the Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-do; (b) obstructed the victim’s visit to prevent the victim from leaving; (c) obstructed the victim; and (d) avoided the victim from leaving the victim back to the bed; and (d) avoided the victim by leaving the victim back to the bed, the victim humping the victim to the bed; (d) humping the victim into the bed; (e) humping the victim with his arms; (e) humping the victim into the bed; and (e) humping the victim’s right chest; (e) humping the victim into the panty of the victim; and (e) huming the victim from the Defendant or toward the victim’s visit, the Defendant’s mother was found to have come to the victim’s order.

Accordingly, the defendant tried to rape the victim, but attempted to commit it.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to police statements made to D;

1. Articles 300 and 297 of the Criminal Act applicable to the relevant criminal facts;

1. Article 25 (2) and Article 55 (1) 3 of the Criminal Act for mitigation of attempted 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. Articles 47 (1) and 49 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and Articles 49 (1) 2 and 50 (1) 2 of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. Article 56(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse (Amended by Act No. 15452, Mar. 13, 2018); Article 2 of the Addenda to the Welfare of Disabled Persons Act (Amended by Act No. 15452, Dec. 11, 2018); the main sentence of Article 59-3(1) of the Act on Welfare of Disabled Persons.

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