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Reasons
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(영문) 의정부지방법원 2019.09.19 2019고합120
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 three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

At around 17:30 on June 4, 2018, the Defendant: (a) called the victim B (here, 61 years of age) who was in a flat at the Singu-dong 449 “New Park”; (b) 18:00 on the same day, the Defendant she would talk with and talk with the victim; and (c) “I wish to move to the building of Guri-si and D,” that “I want to have a sexual intercourse with the victim in a clinic, I want to do so because I want to do so; (d) I am on the bed of the victim’s bridge; (d) I am the victim’s refusal to do so; (d) I am the victim’s shoulder with his hand; (d) I am the victim’s shoulder and panty; and (d) I am off the victim’s finger, and (e) I am off the victim’s chest, and then I am out the victim’s chest, and am out the victim’s chest.

Then, after deducting the victim's body, the victim tried to insert a sexual flag on the upper part of the victim's body but did not have been launched, and the victim resisted the victim's chest by hand, and the victim resisted the defendant, and the victim did not commit an attempted act but did not bring the defendant's escape into the wind.

Summary of Evidence

1. The defendant's legal statement (the third trial date);

1. Legal statement of the witness B;

1. Application of Acts and subordinate statutes to photographs and recording books at the scene of crime;

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) and Article 16 (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes against Order to attend education

1. Article 3 of the Addenda to the Act on the Protection of Children and Juveniles against Sexual Abuse (Act No. 15352, Jan. 16, 2018); and Article 3 of the former Act on the Protection of Children and Juveniles against Sexual Abuse;

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