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(영문) 수원지방법원 2019.05.02 2018고합633
강간미수
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

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 10:00 on December 21, 2017, the Defendant stated the building B in Suwon-si, the Defendant’s house located in Suwon-si, and the Defendant’s house located in the Defendant’s house in subparagraph C as “E” in the written indictment. However, in the investigation process, the victim’s family name was investigated under the name of “D”. As such, the provisional statement in the written indictment is deemed to be a clerical error, and thus, the written indictment is corrected.

(Gaing, 52 years of age) together with the victim’s clothes, the victim she was under drinking alcohol, and the victim her body was eroding and resisted so that he could not get off his clothes, and the victim she was forced to have his clothes so that she could not get off his clothes. The victim’s clothes were forced so that she could not have his clothes, and the victim was forced to have sexual intercourse with the victim, but she was attempted to have sexual intercourse, but did not go against her will and did so.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement concerning D;

1. Application of Acts and subordinate statutes to a report on investigation;

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) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes;

1. Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from disclosure and notification orders, and employment restriction 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, the proviso to Article 56(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse is difficult to readily conclude that the Defendant committed the instant crime as long as the Defendant had no previous criminal record, and thus, there is a risk of recidivism or recidivism. The Defendant’s personal information registration against the Defendant and taking lectures for sexual assault treatment can be seen to have an effect on the prevention of recidivism, including the Defendant’s age, details of the crime, and the situation before and after the

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