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(영문) 수원지방법원 2020.09.03 2020고합371
강간미수
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

At around 17:30 on May 10, 2020, the Defendant attempted to engage in sexual intercourse with the victim, on the ground that the victim who was sexually female friendly job offers (here, 31 years of age) had been living, was placed on the part of the victim by fasting him/herself, and was off his/her clothes on the part of the other victim, and tried to engage in sexual intercourse with the victim. However, the Defendant did not come up with the wind to resist and resist his/her body.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the police protocol protocol law to B

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

1. Article 25(2) and Article 55(1)3 of the Criminal Act to suspend the execution of sentence under Article 62(1) of the Criminal Act;

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

1. In light of the following: (a) Articles 47(1) and 49(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes Exempted from the disclosure order and notification order; (b) Articles 49(1) proviso and the proviso to Article 50(1) of the former Act on the Protection of Children and Juveniles against Sexual Abuse (amended by Act No. 16622, Nov. 26, 2019); and (c) the details, methods, and patterns of the instant crime; and (d) the Defendant’s sentence against the Defendant; (b) personal information registration; and (c) the education order for the treatment of sexual assault may expect the effect of preventing recidivism to a certain extent. In addition, considering the Defendant’s age, environment, social relationship; (c) the details, means, and consequence of the instant crime; (d) anticipated side effects and expected side effects of a sex crime subject to registration that may be achieved due to the disclosure order or notification order; and (d) the effect of the protection of the victim, there is no special circumstance to disclose the Defendant’s personal information.

1. A Addenda to the Act on the Protection of Children and Juveniles against Sexual Abuse (No. 16622, Nov. 26, 2019) to the Act on the Protection of Children and Juveniles against Sexual Abuse.

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