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(영문) 의정부지방법원 고양지원 2020.01.14 2019고합109
강간미수
Text

Defendant shall be punished by imprisonment for not less than two years and six months.

The information on the defendant shall be disclosed and notified to the public for three years.

(b) the defendant;

Reasons

Punishment of the crime

The Defendant: (a) set up a otobane at the house of Goju-gu, Goju-dong, Goju-gu, C, and drink C and alcohol; (b) came back to the house of C on May 10, 2010 and returned to the house of C on May 10, 2010; and (c) came to go to the victim D (V, 42 years old) of C’s spouse on May 10, 2010; (b) was allowed in a small room; (c) entered into the inside bank where the victim was the victim; (d) kid from her body and panty; (e) flading her fingers into the part of the victim; (e) her fingers into the part of the victim; and (e) she did not commit rape by inserting his sexual organ into the part of the victim; and (e) she did not have the wind to escape from the part of the victim; (e) she did not go to the part of the victim.

Summary of Evidence

Article 300 and Article 297 of the former Criminal Act (amended by Act No. 11574, Dec. 18, 2012); Article 25(2) and Article 55(1)3(3) of the former Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (amended by Act No. 10567, Apr. 7, 2011; Article 16(2) of the former Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (amended by Act No. 10567, Oct. 8, 2011; Article 16(2) of the latter Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (amended by Act No. 11574, Apr. 7, 201; Act No. 11020, Oct. 8, 2011; Act No. 116 of the former Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (amended by Act No. 1106).

Therefore, the order to complete the program cannot be imposed on the instant case committed before the enforcement of the order.

The Act on the Protection of Children and Juveniles against Sexual Abuse was wholly amended by Act No. 11572 on December 18, 2012, and Article 56 was introduced on June 19, 2013, and Article 7 of the Addenda thereto.

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