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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 June 21, 2016, around 23:05, the Defendant: (a) discovered the victim D (here, 26 years of age) who was smoking tobacco in the vicinity of the building C, while smoking tobacco in the alley of the building C in Goyang-gu, Goyang-si; (b) discovered the victim D (here, 26 years of age) that had been smoking in the vicinity; and (c) had sing
Accordingly, the Defendant attempted to rape the victim by confirming that there is no other person in the vicinity of the victim’s place where the victim was living in and around, putting the victim on a chemical team by forcing the victim, tearing the victim’s breath, panty, leaving the victim’s panty, etc. However, the Defendant attempted to rape. However, the Defendant did not have attempted to rape the victim by attempting to rape the victim by resisting the victim’s resistance and spanty.
Summary of Evidence
1. Defendant's legal statement;
1. Statement made to D by the police;
1. Written statements prepared in D;
1. Application of Acts and subordinate statutes to photographs of damaged parts;
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. Reasons for sentencing on the grounds of sentencing, in full view of various circumstances, such as Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted 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 (in this case, the defendant is the first offender, and in this case, the defendant can be seen to have an effect to prevent recidivism of the defendant to a certain extent only by taking lectures in registering personal information and taking lectures in treating sexual assault, etc.)
1. Scope of applicable sentences under law: Imprisonment with prison labor for one year and six months to fifteen years;
2. An attempted crime is the scope of recommended sentences according to the sentencing criteria; and