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(영문) 서울동부지방법원 2014.10.02 2014고합191
준강간미수
Text

1. The defendant shall be punished by imprisonment for two years;

2.Provided, That the execution of the above sentence shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On April 19, 2014, at around 05:00, the Defendant, along with his/her daily behaviors, such as Victim C (n, 24 years of age), tried to drink his/her sexual organ into the victim’s sexual organ, after drinking the alcohol first at the drinking house located in Gangnam-gu Seoul, Seoul, with the victim’s daily behaviors, and moving the taxi to Eel in Gwangjin-gu, Seoul, and drinking the alcohol at around 103 on the same day. At around 12:13 on the same day, the Defendant also went to the victim’s daily behavior at around 205 on the same day, and the Defendant also went to the victim’s sexual organ at around the bed of alcohol, after drinking the victim’s alcohol and getting off his/her broke and broke. However, even if he/she was found to have fallen under the wind of the victim by walking the victim’s daily activity with his/her wind.

Accordingly, the defendant tried to have sexual intercourse by taking advantage of the victim's failure to resist.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. C’s statement;

1. Three copies of response to the request for appraisal, and the application of the Acts and subordinate statutes on the request for appraisal;

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

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. Reasons for sentencing under the main sentence of Article 16 (2) and Article 16 (3) 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. Scope of recommended sentences based on the sentencing criteria: An attempted offender, thus the sentencing criteria shall not apply.

3. Determination of sentence: The sentence shall be determined as per the Disposition, comprehensively taking into account all the circumstances, such as the Defendant’s age, family relation, character and conduct, environment, motive and background of the instant crime, means and consequence of the instant crime, and the circumstances after the commission of the crime, which are the conditions for sentencing, and the following factors.

judgment on the registration of personal information.

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