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(영문) 울산지방법원 2018.02.01 2017고합391
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 June 6, 2017, at around 23:00, the Defendant: (a) taken the victim E (the 19-year-old, household name) in a dives room located in Ulsan-gu, Ulsan-gu, Seoul-do, by putting the victim E (the 19-year-old, household name) into a bed; (b) taken the victim’s scam on the part of the victim; (c) taken the victim’s two arms above the scam; (d) attempted to take the victim’s knife and knife the victim’s knife; and (d) attempted to get the victim’s knife and knife the victim’s knife in one hand; and (e) taken the victim’s knife the knife at one hand; and (e) taken the victim’s knife off the victim’s knife, and tried the victim’s knif.

However, the defendant who suffered from the defect that the victim "I would end a short test as a short-term driver, a short-term driver, or a short-term driver, who would be a short-term driver."

was retired from office with the phrase “............”

Thus, although the defendant tried to rape by assaulting the victim, the defendant attempted to commit an attempted rape with the strong resistance of the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes on police statements made to E;

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

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1. Article 62 (1) of the Criminal Act on the suspended execution (Article 62 (1) of the Criminal Act on the following grounds 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 notify, and the proviso to Article 49(1) and the proviso to Article 50(1) of the Act on the Protection of Juveniles from Sexual Abuse (the Defendant’s age, occupation and criminal record relationship, details of the instant crime, and anticipated effect and side effects of the disclosure order).

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