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(영문) 창원지방법원 마산지원 2019.01.25 2018고합99
강간미수
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

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

At around 05:10 on August 10, 2018, the Defendant tried to engage in sexual intercourse with the victim, such as opening the victim's body and walking the victim's body by hand, walking the victim's body, walking the source, putting the hand into the victim's panty line, and putting the hand into the victim's panty line. However, the Defendant attempted to engage in sexual intercourse with the victim, even though he did not come to the wind of the victim's resistance.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. A criminal investigation report (CCTV image analysis), a criminal investigation report (field photographs), and a criminal investigation report (to listen to telephone statement at the time when the victim has attempted rape or has been damaged);

1. A detailed statement on processing reported cases and a statement on request for appraisal;

1. Application of statutes on site photographs;

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. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for 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 Orders, Notification Orders, and Employment Restriction 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; the proviso to Article 56(1) of the former Act on the Protection of Children and Juveniles against Sexual Abuse (Amended by Act No. 15452, Mar. 13, 2018); the Defendant’s personal information registration against the Defendant and taking lectures for sexual assault treatment can be seen to have the effect of preventing recidivism; and the Defendant’s personal information registration and taking lectures for sexual assault treatment can also be seen to have the effect of preventing recidivism. In addition, due to the content and circumstances of the instant crime, disclosure and notification orders, and employment restriction orders, Defendant

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