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(영문) 서울서부지방법원 2018.12.06 2018고합269
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

The defendant is the workplace master of the victim C (nives).

On July 3, 2018, the Defendant, at the heading house near Seoul at night on July 3, 2018, sent alcohol with the victim and workplace Dong E, and went in the house with the victim and E. In order to get in the house with the victim, the Defendant was able to commit rape.

At around 22:55 on the same day, the Defendant: (a) was at a G gas station parking lot located in the Young-si F of Suwon-si, the Defendant: (b) laid the victim’s own door to the toilet, laid down the string of his body, and stringed the victim’s shoulder into his arms; (c) she attempted to cut off the victim’s chest, cut off the string, cut down the string, cut down the string of the victim’s body; and (d) she attempted to rape with the victim’s string, cut off the string, cut down the chest, cut down the string, and cut off the victim’s string, and cut off the victim’s string, but she attempted to commit rape, she was a staff member of the gas station who heard the victim’s secret, and attempted to restrain it.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to C (tentative name);

1. Investigation report (on-site search), investigation report (in relation to witnesses), and investigation report (in relation to an emergency call for appraisal, referring the results thereof);

1. Application of CCTV image files-related Acts and subordinate statutes;

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 suspended execution;

1. The main sentence of Article 16 (2) and Article 16 (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes against Order to attend a lecture or community service order;

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 notify information, 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 previous conviction against any unspecified victim); the instant crime is not an offense against an unspecified victim; the Defendant is sentenced to imprisonment with labor, personal information registration, and sexual assault treatment programs.

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