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(영문) 수원지방법원안산지원 2020.10.16 2020고합175
강간미수
Text

A defendant shall be punished by imprisonment for two years.

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

The defendant is between the victim B (math, 36 years of age) and the male-child Gu C of the victim.

On December 23, 2019, at around 01:00 to 01:30, the Defendant became aware of the fact that the victim spawdd from a toilet d and E, while drinking with the victim and the above C while drinking with the Defendant.

After the locking, the Defendant: (a) the Defendant: (b) opened a toilet in the cresh; (c) laid the panty of the victim who was seated in the pande; (d) kidd the victim’s arms at the bed; (c) kid up the resistance; (d) kid the victim’s arms at the bed; (d) put the finger and panty into the string part; (e) tried to put the finger into the string part; (e) however, the victim saw the string of the string part; and (e) opened the string part of the victim without inserting the string part of the string part; and (e) opened the string part of the sound emitted from the toilet.

Accordingly, the defendant did not commit rape, but did not commit an attempted rape.

Summary of Evidence

1. Application of the defendant’s legal statement B, the closure photographs of the victim BKakao Stockholm, the contents of the criminal suspect and witness’s Kakao Stockholm dialogue between the defendant and the witness, the investigation report (victim’s telephone investigation report) Acts and subordinate statutes

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

1. Articles 25 (2) and 55 (1) 3 of the Criminal Act, which are statutory mitigation;

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. The main sentence of Article 16 (2) and (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes against Social Service Order and Order to Attend Courses

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 Article 49(1) proviso to Article 49(1) and the proviso to Article 50(1) of the former Act on the Protection of Children and Juveniles against Sexual Abuse (Amended by Act No. 16622, Nov. 26, 2019) have no record of having previously been punished for sexual crimes.

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