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(영문) 청주지방법원 영동지원 2016.08.17 2016고합8
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

On April 2, 2016, the Defendant found the victim E (24 years old, female) who was traveling together with the Defendant, as a workplace club at the 503 heading room located in Tong Young-si, through Dong Young-si, at around 01:13, that he was under the influence of alcohol, and was fright to rape the victim, and tried to be off the victim’s spanty and panty, off the victim’s spanty, and forced the victim’s bridge by hand, but the victim was frighted “I do not refuse to do so.” The Defendant attempted to do so without having to complete the victim’s bridge, such as “I do not want to do so.”

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to E and F;

1. A report on internal investigation (the identity of the person suspected of being exposed), and a report on internal investigation (the photograph of the contents of conversation received with the mobile Messenger);

1. A criminal investigation report (as to the correction of the criminal time), (as to the analysis and closure ofCCTV video images and the appendix of visual CDs), investigation report (as to the correction of the criminal time);

1. Statement of comparison;

1. Application of the Acts and subordinate statutes of Chapter 1 to CDs, which have reproduced 11 a photograph of a CCTV video recording or a CCTV video recording;

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 stay of execution (Article 62 (1) of the Criminal Act on the grounds for sentencing as follows);

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. In light of Article 47(1) and Article 49(1) proviso of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from the disclosure order and notification order, Article 49(1) proviso of the Act on the Protection of Children and Juveniles against Sexual Abuse, the proviso to Article 50(1) proviso of the Act on the Protection of Children and Juveniles against Sexual Abuse (the first offender of the instant crime, the background leading to the instant crime, the circumstances after the instant crime was committed, etc., there is a need to impose a disposition, such as the disclosure order or notification order, which may pose a risk of sexual assault against the Defendant, or significantly affect the Defendant’s return to society, solely on the ground that the instant crime was committed.

see.

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