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(영문) 부산지방법원 2018.02.22 2017고합641
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 three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On November 26, 2017, the Defendant: (a) around 23:40 on November 26, 2017, at the guest room of “D” 207 in which the Defendant, located in Busan East-gu C, had the victim E (57 taxes, inns) who had a dance teaching school and came to know of the victim E (57 taxes, inns) who was in the room, attempted to have the victim feel off, forced the victim to rape, and forced the victim to go off, and continue to be off other clothes, but the victim tried to go to go off.

The Defendant: (a) was able to prevent the victim from visiting again; (b) took the victim’s door by cutting off the victim’s door; (c) was frightened from the victim’s shoulder; (d) was laid down on the bed; and (d) was forced to get off the victim’s clothes; and (d) was fright off the victim’s side glass, chest, distribution; and (e) was frightened against the bed; and (e) attempted to rape the victim by suppressing resistance against resistance; (d) however, the Defendant did not have attempted to commit rape in order to capture the situation of the damage; and (e) “I fright off the clothes” did not have attempted to cover the wind of the victim’s horse with the Defendant’s horse, with the intention of cutting off the victim’s string at the top of the string and escape from the road.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Application of Acts and subordinate statutes to each investigation report (including attachment data Nos. 1, 5, and 6 of the evidence list);

1. Articles 300 and 297 of the Criminal Act concerning the facts constituting the crime;

1. Mitigation of attempted punishment: Articles 25(2) and 55(1)3 of the Criminal Act;

1. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);

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

1. Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from an order to disclose or a notification order, the proviso to Article 49(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse.

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