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(영문) 의정부지방법원 고양지원 2013.12.27 2013고합168
강간미수
Text

A defendant shall be punished by imprisonment for two years.

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

1. On April 30, 2013, the Defendant discovered the victim D (n, 25 years of age) who had returned home prior to the 00:54 p.m., on April 30, 2013, and told the victim to her hand to find a view that the victim was able to rape, and the victim was able to look back on the part of the victim's neck and her back to the lower part of the victim's neck, and tried to commit rape, but the victim did not have the intent of escape and attempted to commit an attempted crime.

2. On May 25, 2013, at around 00:30, the Defendant discovered the victim F (the age 23) who was returning home in front of the apartment in Pakistan, discovered the victim’s mind to rape the victim, taken the victim into the entrance of the apartment site, and moved the victim into the entrance of the entrance of the entrance of the entrance of the apartment site, and moved the victim into the removal and removal site of the apartment waste, and attempted to rape the victim’s head on a one-time basis, but the victim failed to commit an attempted crime without having the victim resisted.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of each police statement made to F and D;

1. Application of each CCTV image photograph Act;

1. Article 300 of the former Criminal Act (amended by Act No. 11574, Dec. 18, 2012) and Articles 297 of the former Criminal Act regarding the relevant criminal facts and the choice of punishment

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (aggravated Punishment on Crimes of Rape committed on April 30, 2013, with more severe penalty)

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 consideration shall be made again for the reason of sentencing);

1. Probation and community service order under Article 62-2 of the Criminal Act;

1. Article 16 (2) and (3) of the former Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (wholly amended by Act No. 11556, Dec. 18, 2012; hereinafter the same shall apply)

1. Article 37 (1) 1 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes under the Act on Special Cases concerning the Disclosure Order;

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