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(영문) 의정부지방법원 2016.11.02 2016고합307
강간미수
Text

A defendant shall be punished by imprisonment for one year.

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

On April 24, 2016, the following day after the Defendant transferred a job together with the victim D (the name, woman, 31 years of age) who was flickly flickly flicking in Gangdong-gu Seoul, Gangdong-gu, Seoul, and flickly flicking with flicking and drinking.

4. From around 25:01:44, the victim was placed on a 501 “F hotel” located in Gangdong-gu Seoul Metropolitan Government E, and the victim was placed on a bed, and the victim was forced to have the victim kid against the victim who was seated.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement made by witnesses D;

1. Application of the Acts and subordinate statutes to a criminal investigation report (on-site verification), a criminal investigation report (CCTV verification), and a criminal investigation report (Attachment to the CCTV image photograph);

1. Article 298 of the Criminal Act applicable to the crimes, the choice of punishment, and the choice of imprisonment;

1. Article 62(1) of the Criminal Act (including the following reasons for sentencing, taking into account the conditions of sentencing under Article 51 of the Criminal Act);

1. Article 16 (2) and (3) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed against Order to attend a lecture;

1. Article 47(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes Exempted from disclosure or notification orders, the proviso to Article 49(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, Article 49(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse (in addition, it is difficult to readily conclude that a defendant has a risk of recommitting a sexual crime in light of various circumstances as stated in the reasons for sentencing, including the fact that the defendant has no history of a sex crime against the defendant, and in comparison with the profits and preventive effects expected due to disclosure or notification orders, and the disadvantages and side effects of the defendant's personal information, the crime of this case is committed by the defendant in such a way that the defendant would not disclose or notify the defendant's personal information by making the victim under the influence of alcohol late in the night.

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