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(영문) 광주지방법원 2017.10.27 2017고합373
준강간미수
Text

A defendant shall be punished by imprisonment for two years.

The defendant shall be ordered to complete the sexual assault treatment program for 40 hours.

Reasons

Punishment of the crime

On July 7, 2017, the defendant appealed from the Gwangju District Court after being sentenced to imprisonment for a violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (compact between disabled persons, etc.) on the punishment, etc. of sexual crimes, and is currently pending in the appellate trial in the Gwangju High Court.

1. On May 22, 2017, the Defendant: (a) around 00:0 on May 22, 2017, at the victim E (n, 41 years of age) who was diving in the victim E’s house located in Young-gun, Young-gun, the Defendant attempted to have sexual intercourse with the victim after her son was off his/her will and clothes, and his/her inner body was laid off by inserting the victim’s sexual organ into the part of the victim’s body; (b) however, the victim her flapedededed to have attempted to have the victim’s body pushed off with his/her

2. The Defendant, around 00:00 on May 23, 2017, tried to have sexual intercourse by putting the victim’s chest at a place similar to the above Paragraph (1) above, where the victim was divingd, her chest in his/her hands, and coming to the victim’s suffering, and inserting the victim’s panty and panty, and inserting the Defendant’s sexual organ into the part of the victim’s drinking. However, the Defendant, even though she attempted to have sexual intercourse by inserting the victim’s panty and inserting the Defendant’s sexual organ into the part of the victim’s drinking, he/she did not refuse to do so

The wind has been attempted to refuse.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of statutes governing stenographic records made by victims;

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

1. Reduction of an attempted crime: Article 25(2) and Article 55(1)3 of the Criminal Act (limited to the attempted rape);

1. former part of Article 37 of the Criminal Act, Article 38(1)2, and Article 50 of the same Act (an aggravated punishment for the attempted quasi-rape on May 23, 2017, with heavier punishment)

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

1. Reasons for sentencing under Articles 49 (1) 2 and 50 (1) 2 of the Act on the Protection of Children and Juveniles against Sexual Abuse, who are ordered to disclose or notify;

1. Scope of applicable sentences under law: Imprisonment with prison labor for a period of one year and six months from June to 22 months;

2. Sentencing Criteria: The sentencing criteria shall not apply to the attempted quasi-rapes as they are minor.

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