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(영문) 수원지방법원 2017.08.31 2017고합279
준강간미수
Text

Defendant shall be punished by imprisonment for a term of 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

1. Around 02:00 on January 29, 2017, the Defendant suspended sexual intercourse with the Defendant’s private village 1609 Dong 1102-dong 11102, at the house of his birth, with the Defendant’s private village dong Do, the female dong Do-dong Do-dong Do-dong Do-dong Do-dong Do-dong Do-dong Do-dong Do-dong Do-dong Do-dong Do-dong Do-dong Do-dong Do-dong Do-dong Do-dong Do-dong Do-dong Do-dong Do-dong Do-dong Do-dong Do-dong Do-dong Do-dong Do-dong Do-dong Do-dong Do-dong Do-dong Do-dong Do-dong Do-dong Do-dong Do-dong Do-dong Do-dong

2. The Defendant, at around 04:20 on the same day, entered the room in which the victim is self-employed, confirmed that the victim was diving, and went off from the Defendant’s panty, and attempted to have sexual intercourse with the victim. However, the Defendant suspended sexual intercourse with the victim’s wind, “I must see,” as stated above.

As a result, the defendant tried to have sexual intercourse with the victim by taking advantage of the victim's mental and physical loss or impossibility of resistance, but did not bring about such intent and attempted crime.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. The application of Acts and subordinate statutes, such as a legal and chemical appraisal report (the 31th page of investigation records), a gene appraisal report (the 34th page of investigation records);

1. Articles 300, 299, and 297 of the Criminal Act concerning the facts constituting an offense;

1. The aggravated punishment for concurrent crimes prescribed in the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (an aggravated punishment for concurrent crimes prescribed in the attempted quasi-rape of paragraph (2) with heavier punishment);

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 favorable circumstances):

1. Article 62 (1) of the Criminal Act (The following favorable circumstances):

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 an order to disclose or a notification order; the proviso to Article 49(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

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