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(영문) 대전지방법원 2018.09.14 2018고합298
강간미수
Text

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

The defendant was aware of the victim C(n, 36 years of age) at a hospital under hospital treatment.

On June 17, 2018, at around 23:15, the Defendant, while drinking alcohol, as the victim, at the Defendant’s residence located in Daejeon Central District D Building 510, sought to enjoy both arms of the victim, intending to take place after leaving the victim’s body, and prevent the victim from resisting the victim. The Defendant attempted to put the victim’s body into the victim’s name, cut down the bros, cut the bros, cut the bros of the victim’s chest, cut off the victim’s body, cut off the bros to the left chest, cut off the victim’s body, cut off the bros of the victim’s body, cut off the victim’s bros and bros, cut the victim’s body. The Defendant tried to rape the victim’s face by making a 112 phone call. However, the victim was able to hear the victim’s phone from the police.

The intention was not achieved but was attempted.

Summary of Evidence

1. Partial statement of the defendant;

1. A protocol concerning the examination of the police officers of the accused;

1. Statement made by the police against C;

1. Application of statutes on field photographs;

1. Articles 300 and 297 of the Criminal Act concerning the facts constituting the crime;

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1. Article 62 (1) of the Criminal Act on the suspended execution (Article 62 (1) of the Criminal Act on the following grounds for sentencing);

1. The main sentence of Article 16 (2) and the main sentence of Article 16 (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes against an Order to attend a lecture

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 of disclosure, an order of notification, and an order of restriction on employment, the proviso to Article 49(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, the proviso to Article 50(1), and the proviso to Article 56(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse (which is not an offense against many and unspecified persons, along with the background of the offense and the circumstances before and after the offense, and the Defendant has no record of being punished for the same offense.

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