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(영문) 춘천지방법원 강릉지원 2014.10.16 2014고합32
준강간미수등
Text

A defendant shall be punished by imprisonment for not less than two years and six months.

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

1. A person who attempted quasi-rape (2014 Ma32) found the victim at D main points located in Gangseo-si, Gangnam-si, Seoul around 17:00 on February 6, 2014, and the victim E (in women, 51 years old) was under the influence of alcohol and was able to commit rape.

The Defendant, who was off the victim’s boom and stalking, was frightened by the victim’s body and her chest, and tried to commit rape by her panty. However, the Defendant did not commit an attempted crime due to the victim’s sound and the escape from the wind that she resists.

2. On February 28, 2014, the Defendant stolen 430,000 won in cash from the bank owned by the victim F of the victim in the Gangseo-ro 48 East-ro, Gangnam-ro, Gangnam-ro, Seoul, and 48 East-ro (hereinafter referred to as the “G”), taking advantage of the gaps, the Defendant stolen 430,000 won in cash from the bank owned by the victim.

Summary of Evidence

[2014Gohap32]

1. Defendant's legal statement;

1. Statement of the police concerning E [2014 high-priced82]

1. Defendant's legal statement;

1. Application of the police statement-related Acts and subordinate statutes to F;

1. Relevant legal provisions concerning facts constituting an offense, and Articles 300, 299, and 297 of the Criminal Act that choose a penalty, and Article 329 of the Criminal Act;

1. Attempted mitigation of crimes under Articles 25(2) and 55(1)3 of the Criminal Act (the crime of attempted quasi-rape)

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act among concurrent crimes (within the scope of adding up the long-term punishments of the crimes concerning attempted quasi-rape prescribed in heavier punishment)

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. Article 16 (2) and (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes against Probation or Order to Attend Courses;

1. Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from an order to disclose or notify, and the defendant under 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.

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