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(영문) 인천지방법원 2018.09.07 2018고합289
강간미수
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 this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On August 2, 2017, at around 19:00, the Defendant came to front of the Defendant’s house located in Seo-gu Incheon Metropolitan City, Seo-gu, Seo-gu, Seo-gu, and caused the victim D (a person aged 61) to enter the house by saying “A wife is unable to sing and operate a singing, so he does not go to the house.”

The defendant continued to have a ice cream sent to the victim with a ice cream, and was exempted from the defendant's cream, and "the love cream" means "the vegetable defect, one vegetable defect," and "the knife the knife of the victim, knife the knife of both knife of the victim, knife them into the bed, and knife them

If the arms and chests of the victim who resisted against the resistance are divided into one hand and the victim cannot move, the victim's name is raised and the victim's name is off and raped.

He listened to the phrase “,” and tried to commit a crime by having the victim go to his ward in the cres of locking.

Accordingly, the defendant attempted to rape the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with respect to D;

1. Investigation reports (Submission, etc. of recorded files of telephone conversations for victims) and application of Acts and subordinate statutes to criminal investigation reports;

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

1. Mitigation of attempted punishment: Articles 25(2) and 55(1)3 of the Criminal Act;

1. Article 62 (1) of the Criminal Act on the suspension of execution (Article 62 (1) of the Criminal Act on the grounds for sentencing as follows):

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 Exempted from disclosure 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 defendant has no record of criminal punishment for sex crimes, and the registration of personal information alone can prevent the defendant from repeating a crime to a certain extent;

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