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(영문) 춘천지방법원 2014.06.27 2014고합12
강간미수
Text

A defendant shall be punished by imprisonment for two years.

However, the execution of the above punishment shall be suspended for four years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

At around 10:30 on September 24, 2013, the Defendant, at the home of the victim D (Woo, 66 years of age) located in Chuncheon City, had been talked with the victim on the part of the victim’s chest by a sudden hand, continued to be placed in the victim by putting the part of the victim’s chest on the floor by forcing the victim into the bed, and then thirth, “the victim was thirst,” and “the victim was thirst,” and attempted to rape the victim to the extent that one her her her her her part was visible, but the victim did not resist, and did not commit an attempted crime.

Summary of Evidence

1. Court statement of the defendant (the second trial date);

1. Statement by the prosecution concerning D;

1. The application of statutes to each appraisal report;

1. Articles 300 and 297 of the Criminal Act applicable to the 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. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. Article 16 (4), the main sentence of Article 16 (2), and the main sentence of paragraph (3) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed against

1. The main sentence of Article 49 (1) 2 and (3) of the Act on the Protection of Children and Juveniles against Sexual Abuse who are ordered to disclose;

1. Grounds for sentencing under Article 50 (1) (main sentence) 2 and (4) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. Scope of applicable sentences under law: From one year and six months to 15 years;

2. Scope of recommended sentences according to the sentencing guidelines (determination of types of punishment), general standards, offenses of rape (subject to at least 13 years of age), types 1 (special rape): Reduction element of punishment (general person): Reduction element of punishment (general person): Reduction element of punishment: Determination of a mitigation area] that has no record of criminal punishment [the scope of recommendation area] mitigation area [1 year and 6 months to 3 years of imprisonment;

3. Whether or not to suspend the execution (the main reason for the suspension of execution): positive grounds for the refusal of punishment (the reason for the suspension of execution): The crime committed with no previous crime and no previous crime for the suspension of execution or more.

4. Determination of sentence: Imprisonment with prison labor for a period of two years, and the defendant with a suspended execution for a period of four years shall enter the house of the victim;

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