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(영문) 서울북부지방법원 2014.10.24 2014고합284
강간미수
Text

A defendant shall be punished by imprisonment for one year.

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

On July 18, 2014, when the defendant lacks the ability to discern things or make decisions due to mental disorders (class 1) caused by an infertility, the defendant thought that he was able to report the victim D (V, age 35) who was under the influence of alcohol in Seongbuk-gu Seoul, Seongbuk-gu C C C C C C C C C C C, and was married with the latter, to rape.

The defendant saw the victim's neck from the rear side of the victim's hand, kids the chest on the part of the victim, kids, and tried to rape. However, the defendant was caught to F in the course of the E District Police, which was flicking patrol, and attempted to arrest him.

Accordingly, the defendant attempted to rape the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. Application of Acts and subordinate statutes to a copy of a welfare card and opinions;

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

1. Articles 10 (2) and (1) and 55 (1) 3 of the Criminal Act for statutory mitigation;

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. Article 16 (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes against Probation;

1. proviso to Article 2 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from an order to attend a lecture (limited to special circumstances in which a defendant is unable to impose an order to attend a lecture, since he/she is deemed unable to normally attend sexual assault treatment programs conducted by a probation office because the defendant is in a state of mental disorder (class I) with substantially low intellectual ability and ability to

1. Article 47 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes against Sexual Abuse; Article 49 of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, children and juveniles subject to an order to notify;

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