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(영문) 수원지방법원 평택지원 2017.10.16 2017고합123
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, at around 01:50 on May 8, 2017, at around 01:50, at one week E point in the operation of the victim D (n, 60 years of age) in Pyeongtaek-si, had the victim feel scam together with the victim, had the victim scam to rape, had the scam of the victim scamed with his hand, and forced the victim to go off scam and panty, and had the victim go scam off against the body of the victim.

The defendant tried to put the defendant's sexual organ into the part of the victim's sound, but it was impossible to put the defendant's finger into the part of the victim's bodily injury.

Therefore, the victim who suffered from the luxur had talked about the defendant, "It is too difficult for him to go too easily, a toilet is coming to a lux, and the defendant continued to go back to the above 1 room by pushing the victim from the toilet, and continued to go back again, and tried to put the victim's sexual organ into the victim's sound book, but did not again put the victim's sexual organ into the victim's sound book, but did not put the victim's sexual organ into the victim's sound book, but did not put the victim's sexual organ again. In this gap, G, who is an employee of the above F F F F company, arrived at the victim and attempted to restrain the defendant.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes on police statements made to G and D;

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

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

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 fact that the defendant is not a crime against many unspecified persons, the fact that the defendant is not a criminal defendant, the defendant has no criminal record, and other circumstances after the crime;

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