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(영문) 제주지방법원 2014.01.16 2013고합158
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

At around 21:30 on June 19, 2013, the Defendant: (a) had the victim D (Inn, 53 years of age) operated in Jeju City, “E Inn,” 207, the Defendant: (b) had the victim feel her will by causing the victim’s desire to her while drinking one disease; and (c) had the victim feel her will while drinking one disease; (d) had the victim feel her will; and (e) had the victim feel her mind to rape. However, the Defendant refused this.

Accordingly, the Defendant attempted to rape the victim by threateninging the victim's her her bbbbbbbbbb in his/her her her her buck, her fbbbbbbbbb in his/her her hand, her buck by asking the victim's her buck part on the part of the victim, continuing to her bbb by asking the victim's her buck on the part of the victim's chest with her buck, and the victim "I am off, I her bom", and her bomb by walking the victim's her buck with his/her her buck, and trying to rape the victim by suppressing the victim's her buck with the victim's her buck, but she resisted the victim, and attempted to flee with the victim's 112 report on the escape.

Summary of Evidence

1. Defendant's legal statement;

1. Statement by the prosecution concerning D;

1. Application of related Acts and subordinate statutes to photographs;

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

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

1. Articles 47(1) and 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from an order to disclose or notify, and 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 shall be one of the exceptions to an order to disclose or notify.

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