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(영문) 대전지방법원천안지원 2020.08.12 2020고합89
준강간미수등
Text

A defendant shall be punished by imprisonment for two years.

However, the execution of the above punishment for three years from the date the judgment of this case became final and conclusive.

Reasons

Punishment of the crime

1. Around April 23:45, 2020, the Defendant: (a) had sexual intercourse with the victim D (one person, two-three years of age) who drinks alcoholic beverages in the package c, “C” vehicle near the Dong-dong Community Service Center in Yong-gu, Nam-gu; and (b) had sexual intercourse with the victim with the intent of drinking alcohol in the body of the victim and drinking alcohol in the table table above the victim D (one person, two-three years of age) and drinking alcohol in the body of the victim; and (c) had sexual intercourse with the victim with the intent of drinking alcohol in the E-gu, Yong-gu, Dong-gu, Seoul; and (d) had sexual intercourse with the victim.

2. From April 9, 2020 to April 10, 2020, the Defendant: (a) taken the victim’s e-mail F from around 00:5 to around 00:55 on April 10, 202; (b) taken the victim’s swater, brea, and panty on the bed; (c) tried to have sexual intercourse with the victim; (d) was discovered by the police officer dispatched after receiving a report, and did not commit an attempted crime.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement concerning G and D;

1. A report on the occurrence of a crime, a report on internal investigation, a report on internal investigation (in the presence of a crime), a photograph of the closure of nearby CCTV screen pictures, a criminal investigation report (in the presence of a victim and the details of 112 reports and the on-site situation), a criminal investigation report (in the presence of a victim), a criminal investigation report (in the presence ofCCTV image analysis, etc.), and a criminal investigation report (in the

1. A gene appraisal report and a legal chemical appraisal report;

1. Application of CCTV image images and Acts and subordinate statutes to capture a suspect's arrested image;

1. Article 288 (1) of the Criminal Act applicable to the facts constituting the crime (the point of abduction), Articles 300, 299, and 297 of the Criminal Act;

1. former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act among concurrent crimes (an aggravated punishment for the crimes of quasi-rape with heavier punishment)

1. Article 53 or 55 (1) 3 of the Discretionary Mitigation and Mitigation Criminal Act (The following extenuating circumstances shall be considered among the reasons for sentencing):

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

1. Article 62-2 of the Criminal Act, the main sentence of Article 16 (2) and (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes;

1. An order of disclosure and notification;

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