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(영문) 의정부지방법원 고양지원 2017.05.12 2017고합42
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

On October 30, 2016, at the dwelling space of the defendant in Gyeyang-gu C or B101, the defendant went to a age club in the same Gu prior to this frame and came to know to the so-called so-called so-called "salking," and then, the defendant is willing to give the defendant a lecture to the victim who is suitable for the teaching.

Now, after moving the victim into the defendant's residence, the victim was able to be raped by reporting the situation of the victim who was frighten and playing with a short fright, resulting in a sudden desire for sexual intercourse.

Accordingly, the Defendant, who was off his pande, was forced by putting the arms of the victim, was tightly towed, and sealed the victim on the her part, and was forced to tightly: “I would like to do so,” and “I would like to do so so,” two knife the victim by suppressing the panty of the victim, tearing the panty of the victim, forced the victim into force under the panty panty of the Defendant, and tried to commit rape with the victim, but the victim attempted to commit a panty panty and panty of the victim by her hand, but she attempted to commit an attempted to resist the victim by her hand.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by each police station in D;

1. Application of Acts and subordinate statutes to the photograph of seized articles;

1. Articles 300 and 297 of the Criminal Act concerning the facts constituting the crime;

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1. Article 62 (1) of the Criminal Act on the suspended execution (Article 62 (1) of the Criminal Act on the following grounds for sentencing);

1. The main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Attend;

1. Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes subject to Exemption from Disclosure Orders and Notification 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 instant crime]

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