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Reasons
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(영문) 춘천지방법원 강릉지원 2014.03.27 2013고합109
강간미수
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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

At around 00:40 on September 14, 2013, the Defendant intending to take the part of the victim, such as the victim E (here, 49 years of age) with the victim’s 1st floor in Gangnam-si C market, and 89 (D), and to take part in the victim’s chest while drinking her to the upper part of the victim’s her face, and to take part in the victim’s chest, and forced the victim to take part in her part in her part in her part, her part in her part in her part in her part, and her part in her part in her part in her part and her part in her part, and her part in her part in her part. However, the Defendant attempted to rape the victim, her part in her part in her part, and her part in her part in her part, and her part in her part in her part in her part and her part in her part.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to police interrogation protocol concerning E;

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 for mitigation of attempted crimes;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. Article 16 (2) and (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed against Probation and Order to Attend Courses;

1. According to the records of this case under Article 47 of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes Exempted from the Disclosure Order and the Notification Order, Article 49(1) proviso of the Act on the Protection of Children and Juveniles against Sexual Abuse, Article 49 of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, and Article 50(1) proviso of the Act on the Protection of Children and Juveniles against Sexual Abuse, the Defendant became a customer several times at the principal place operated by the victim and was aware of each other two years prior to the occurrence of the crime. The Defendant, at the time of the crime of this case, became a main point indicated in the facts of the crime in which the victim was under the influence of alcohol, and committed the crime of this case again with the victim, and the victim committed the crime of this case

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