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(영문) 청주지방법원 2018.10.05 2018고합142
강간미수
Text

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

However, the execution of a sentence shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

At around 08:30 on December 20, 2017, the Defendant attempted to engage in sexual intercourse with the victim E (the victim E, the 21-year old-old), who was first in his residence of the Defendant, of Heung-gu, Chungcheongnam-gu, Chungcheongnam-gu, Cheongju-si, the day after drinking together with the victim E (the victim E, the 21-year-old age-) and went home, and the victim only went home, the Defendant was able to put the victim on the part of the bed while putting the victim into the bed, putting the victim on the bed, putting the arms of another victim who gets on the part of the her body, and put the victim into the bed in the bed. However, whether the F, the Defendant, who was in his bed in his bed, was able to do so.

The victim's body was landed from "the victim's body".

The Defendant continued to take the victim into a toilet with a toilet, and tried to have sexual intercourse with the victim, who resisted at the resistance, and was exempted from the inside of the victim. However, F did not go through the wind to open a toilet and take a bath, and did not go through an attempted attempt.

Summary of Evidence

The application of the Act and subordinate statutes on the Handling of Reporting Cases 112 Statement E to the Defendant’s legal statement E and F

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

2. 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).

3. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing):

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

5. Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from an order for disclosure, notification, and restriction on employment, the proviso to Article 49(1), the proviso to Article 50(1), and the proviso to Article 56(1) (the proviso to Article 56(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse (the defendant has no record of punishment for any sexual crime against him/her, or there is a risk of repeating a sexual crime

It is difficult to conclude, registering personal information of the defendant, and sexual violence.

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