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(영문) 대구지방법원 김천지원 2015.07.21 2015고합34
강간미수등
Text

A defendant shall be punished by imprisonment for not less than two years and six months.

The defendant shall be ordered to complete a sexual assault treatment program for 120 hours.

Reasons

Punishment of the crime

[Criminal Justice] On August 16, 201, the Defendant was sentenced to two years of imprisonment with prison labor for larceny, etc., in the Suwon District Court, the Defendant was sentenced to six months of imprisonment with prison labor for larceny, etc. on November 22, 2012 at the Changwon District Court, which became final and conclusive on December 21, 2012, and completed the execution of the said sentence on June 20, 2013.

【Criminal Facts】

1. On March 8, 2015, the Defendant attempted rape: (a) around 03:30 on March 8, 2015, the Defendant: (b) tried to find the victim D (at the age of 21); (c) tried to find out the victim D (at the age of 21) who was unable to find his house properly; and (d) allowed the victim to access his mobile phone; and (c) had the victim feel her drinking; and (d) attempted to rape the victim; (c) had the victim’s body, leading the victim’s hand, leading the victim’s hand, and resisting the victim’s body, leading the victim’s body, going up to two arms; (d) had the victim’s face from the stairs of the second floor of the C Building No. 205, which is the Defendant’s house, and had the victim go beyond his face with drinking.

2. At the time stated in Paragraph 1, the Defendant stolen, from the stairs of the second floor of the building C, one thousand won in cash owned by the victim, one resident registration certificate, one agricultural cooperative bankbook, one physical card, and one wall containing a physical card, from the above stairs of the second floor of the building C.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. An investigation report (Attachment of a photograph of the CCTV on the spot, the scene of the crime, and attaching a photograph of the reproduction);

1. Previous records of judgment: Application of criminal records, inquiry reports, investigation reports (report on confirmation of repeated crimes) and Acts and subordinate statutes;

1. Relevant Articles 300 and 297 of the Criminal Act and Article 329 of the Criminal Act concerning facts constituting a crime; the choice of punishment;

1. Article 35 of the Criminal Act among repeated crimes (limited to the proviso of Article 42 of the Criminal Act with respect to attempted rape);

1. The former part of Article 37 of the Criminal Code among concurrent crimes.

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