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(영문) 춘천지방법원 원주지원 2013.10.17 2013고합43
준강간미수
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 of the final judgment.

Reasons

Punishment of the crime

On July 9, 2013, around 03:00, the Defendant, along with the Defendant, she breaddd the victim C (nick, 19 years of age) under the influence of drinking with the Defendant, in the studio 206 residence of the Defendant, and she was placed on the bed on the bed.

Since then, while the Defendant was kneeing the victim who was divingd, was unable to bring the victim's clothes to rape, and got off the victim's clothes, the Defendant did not bring the victim's knee and knee the victim's knee, but failed to bring the victim's clothes to the wind.

Accordingly, the Defendant attempted to rape the victim by taking advantage of the victim's state of impossibility to resist.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the police protocol law to C

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

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed against Order to attend lectures;

1. The crime of this case on the grounds of sentencing of Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from the Disclosure Order and Notification Order, the proviso of Article 49(1) and the proviso of Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse (the defendant is the primary offender, the social ties are clear, the defendant seems to have committed the crime of this case in a contingent manner, and considering the fact that the defendant is closely against the crime, and that the defendant has agreed with the victim, it is judged that there are special circumstances that the disclosure and notification of the personal information of the defendant should not be disclosed or notified of the personal information of the victim) is attempted to rape the victim, and the defendant would have been punished corresponding to the attempted crime.

However, the defendant made a confession of the crime of this case against his depth, and drinking alcohol.

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