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(영문) 인천지방법원 부천지원 2015.09.25 2015고합167
강간미수
Text

A defendant shall be punished by imprisonment for one year.

To order the defendant to complete a sexual assault treatment program for 80 hours.

Reasons

Punishment of the crime

At around 01:00 on June 29, 2015, the Defendant, at the home of the Defendant located on the Yacheon-gu, Yacheon-gu, Yacheon-gu, C, and ground floor, was able to rape the victim D (the age of 60), was placed on the part of the victim's body, was pushed off on the part of the victim's body, was pushed off on the part of the victim's body inside the inside, and was prevented from resisting the part of the victim's arms that the victim want to go up, and attempted to rape the victim by taking the part of the victim's arms that the victim want to go up, but did not go against and commit an attempted crime.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the police statement law to D;

1. Articles 300 and 297 of the Criminal Act applicable to the crimes;

1. Articles 25 (2) and 55 (1) 3 of the Criminal Act, which are statutory mitigation;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

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

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, 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 (where a conviction becomes final and conclusive due to the fact of the registration of personal information of the defendant, taking into account the defendant's age and occupation, type and motive of the crime, the process and consequence of the crime, the existence of identical power, the risk of repeating the crime, the degree of disadvantage and anticipated side effects of the defendant's resulting from disclosure orders and notification orders, and comparative balancing between the effects of the crime subject to registration and expected profits, the defendant is subject to registration pursuant to Article 42(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, and thus, the same Act.

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