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(영문) 창원지방법원마산지원 2020.11.20 2020고합50
강간미수
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A defendant shall be punished by imprisonment for two years.

However, the execution of the above punishment shall be suspended for four years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who lives in the adjoining Dong of the victim B (n, 66 years old).

On May 22, 2018, the Defendant: (a) around the first instance trial on May 22, 2018, following the victim’s house near the victim’s house located in Yongsan-gu, Changwon-si C, the Defendant entered the family of the victim.

The Defendant, at around 12:30 on May 2, 2018, at the victim’s house around 12:12:30 on May 2, 2018, the Defendant stated that “the Defendant was off the victim’s house, and the victim was able to walk the victim’s chest by drinking booming the victim’s chest with the victim’s sexual intercourse with forced sexual intercourse with the victim, unfolding the victim’s chest, unfolding the victim’s body, cutting off the victim’s upper part with one hand, and exceeded the victim’s lower part, and the victim was 50,000 won per month.” However, the Defendant did not come up with the Defendant’s wind.

Accordingly, the defendant tried to rape by assaulting the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. Application of the relevant Acts and subordinate statutes to witness B and D;

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. Article 3 of the Addenda to the Act on the Protection of Children and Juveniles against Sexual Abuse (amended by Act No. 15452, Mar. 13, 2018); Article 2 of the Addenda to the same Act (amended by Act No. 15452, Mar. 13, 2018); Article 56 (1) of the former Act on the Protection of Children and Juveniles against Sexual Abuse (amended by Act No. 15452, Mar. 13, 2018); Article 2 of the Addenda to the Welfare of Disabled Persons Act (amended by Act No. 15452, Dec. 11, 20

1. Articles 47(1) and 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from disclosure orders and notification orders.

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