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(영문) 수원지방법원 평택지원 2017.04.21 2017고합33
준강간미수
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On November 5, 2016, 00:30, the Defendant, along with D and his female-friendly job offering victim E (n, 40 years of age) who is a high-speed line line with D and her female-friendly job offering. On November 5, 2016, the Defendant she ended to the above D and Pyeongtaek-si 1229, which is the Defendant’s residence, for self-reliance with the victim.

At around 04:00 of the above date, the defendant found that he was divingd in the dwelling space of the defendant at around 04:0, and that he was out of the body of the victim so that he was out of the body of the defendant, and had sexual intercourse with him.

The defendant tried to have sexual intercourse with the victim by putting the victim's lusium by hand on his hand, putting his body on the left side by standing the body towards the locking, and then inserting the victim's lusium and side bucks and inserting his sexual organ into the victim's lusium, but the victim attempted to have sexual intercourse with the victim's lusium and side by inserting the lusium, but the victim failed to have the wind.

Accordingly, the defendant attempted to have sexual intercourse by taking advantage of the victim's mental and physical loss status.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes of police statement protocol to E;

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

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to attend a lecture;

1. Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from an disclosure order and a notification order, 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 crime of this case is not a sexual crime against the majority of unspecified persons; in this case, the crime of this case is not a sexual crime against the majority of unspecified persons; it can be said that the defendant has the effect of preventing recidivism to a certain extent through the registration of personal information of the defendant and

In light of all circumstances, such as the defendant's age, sex, family environment, and social relationship, the disclosure and notification order is given.

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