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(영문) 부산지방법원 2015.11.13 2015고합469
강간미수
Text

A defendant shall be punished by imprisonment for not more than ten months.

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 June 14, 2015, at around 07:03, the Defendant discovered that the victim E (here, 35 years of age) residing in the side room from the floor of the floor of the apartment room of the six-story floor in Busan B, the victim was 603 accommodation of the female.

The Defendant: (a) placed the victim on the bed; (b) placed the victim on the bed; (c) placed both arms of the victim’s body on the bed; and (d) placed the victim at the bed; (c) but the victim refused to do so; (d) placed a cleaning agent and defective sexual intercourse; and (e) believed that the Defendant sent the victim to a toilet.

After diving, the Defendant attempted to engage in sexual intercourse with the victim's body after pushing the victim who was exposed to the toilet, and then tried to have sexual intercourse with the victim's body, but the victim was called to open a visit to the victim as soon as possible, and the sound did not go through the wind that the victim was frighten and frighted to commit a crime.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of each police statement of E;

1. Application of the CCTV-related Acts and subordinate statutes to the hallway of the sixth-story telecom;

1. Articles 300 and 297 of the Criminal Act applicable to the crimes;

1. Article 25 (2) and Article 55 (1) 3 of the Criminal Act for mitigation of attempted 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. Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from disclosure and notification orders, 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 likely to recommit sexual crimes in light of the following favorable circumstances, such as having no record of sex crimes, and the circumstances leading up to the instant crimes.

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