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(영문) 광주지방법원 2015.05.18 2015고합84
준강간미수
Text

A defendant shall be punished by imprisonment with prison labor for not more than ten 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 February 23, 2015, between 02:00 and 03:00, the Defendant, at the Defendant’s house located in Gwangju Seo-gu apartment, was playing together with the Defendant’s house, and was trying to have sexual intercourse with the Defendant’s bar and panty of the victim, who is in a state of failing to resist, and who was out of the Defendant’s bar and panty. However, the Defendant did not go against the wind against the Defendant’s sleep and attempted to have sexual intercourse with the Defendant.

Summary of Evidence

1. Any statement made by the defendant in compliance with this Act;

1. Statement prepared by the assistant judicial police officer to make a statement suitable for such statement;

1. Application of the Acts and subordinate statutes that describe text messages in line with them;

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

1. Article 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation (The following extenuating circumstances among the reasons for sentencing shall be considered);

1. Article 62 (1) of the Criminal Act on the suspended execution (Article 62 (1) of the Criminal Act (it is difficult to readily conclude that the defendant has the risk of re-offending because of the lack of criminal records of the same kind of crime) (The possibility, circumstances, etc. of edification within home and society as his/her spouse

1. The main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes;

1. Grounds for sentencing under Article 16 (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes;

1. Scope of applicable sentences under law: Imprisonment with prison labor for one year and six months to 15 years;

2. An attempted criminal who is not subject to the sentencing criteria; and

3. Where the criminal defendant who has rendered a decision on the sentence intends to rape his or her wife who has play in his or her house, and the nature of the crime is not good;

On the other hand, the defendant has no record of punishment for the same crime and the victim does not want the punishment of the defendant.

In full view of the various sentencing conditions shown in this case, including the above sentencing factors, the sentence is determined as per Disposition.

A judgment of conviction shall be finalized for the facts constituting the crime of registering personal information.

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