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(영문) 의정부지방법원 2018.06.21 2018고합113
준강간미수
Text

Defendant shall be punished by imprisonment for a term of one year and six months.

However, the above sentence shall be executed for a period of three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On December 18, 2017, at around 22:06, the Defendant, at the residence of the victim D (Woo, 35 years of age) with C Apartment 102, Dong-dong 808, the Defendant, having drinking, drinking, drinking, drinking and drinking alcohol together, and her husband, tried to have sexual intercourse with the victim, who was off, and was suffering from the victim’s lower her lower her husband, while having attempted to have sexual intercourse with the victim, the Defendant did not perform his intention with the husband’s restraint.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made with respect to E and D;

1. 112 Reporting case handling table;

1. Application of CCTV video data (elevators with 102:7-8 7-4 Ra), internal investigation report (the contents of conversations made by the husband of the victim), investigation report (additional confirmation of the contents of conversations with visual images), investigation report (additional confirmation of the contents of conversations), closure of cell phone video data, Acts and subordinate statutes to the data of video recording on cell phones;

1. Articles 300, 299, and 297 of the Criminal Act concerning the facts constituting an offense;

1. Mitigation of attempted punishment: Articles 25(2) and 55(1)3 of the Criminal Act;

1. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. The main sentence of Article 16 (2) and Article 16 (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes against Sexual Crimes;

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 information, 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 (in such cases, the effect of preventing recidivism may be expected to a certain extent only to register personal information and attend sexual assault treatment programs, in such cases;

I seem to appear.

In addition, in full view of various circumstances, such as the defendant's age, family environment, the background of the crime in this case, the expected side effects of the defendant due to the disclosure and notification order, profits expected to be inflicted on him/her, and the prevention effect of sexual crimes, there are special circumstances that may not disclose and notify the defendant's personal information.

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