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(영문) 부산지방법원 2014.06.27 2014고합59
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

The Defendant, from November 26, 2013, had a mind to force force the indecent act by force of the victim E (the age of 23) working as the head of the above reading room as a part of the person operating the "D" in Busan Metropolitan City Shipping Daegu C, and from November 26, 2013.

At around 22:00 on November 27, 2013, the Defendant, at the above reading room, induced the victim to have the meals defective and drink together, and let the victim enter the above reading room as a rest room.

Then, the Defendant: (a) obstructed the victim’s resistance by lest all the entrance doors inside the reading room be fastened, and the victim who sits on the part of the resting room be placed on one arms, be placed on a forced side, and the victim’s two legs be covered on one bridge, etc., and forced the victim to commit an indecent act by force. (b) obstructed the victim’s chest; (c) interfered with the victim’s chest; and (d) included the hand in the part; and (e) committed an indecent act by force.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness E;

1. A protocol of examination of part of the defendant by prosecution;

1. Investigation report (investigation of witnesses and attachment of photographs);

1. Application of Acts and subordinate statutes to records of the victim's currency, text messages, and photographs of the scene;

1. Relevant Articles of the Criminal Act and Article 298 of the Criminal Act concerning the crimes;

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

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

1. Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from disclosure and notification orders; the proviso to Article 49(1) and the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse; the Defendant has no record of sex crimes; etc., which are favorable to the following grounds for sentencing; and the circumstances leading to the instant crime, etc., are difficult to deem that the Defendant is highly likely to recommit a sexual crime; and the profits and effects expected from disclosure and notification orders to the Defendant and the adverse effects therefrom

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