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(영문) 수원지방법원 성남지원 2014.03.27 2014고합38
강간미수
Text

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

However, the execution of imprisonment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Criminal facts

The Defendant was able to teach the victim C (V, 26 years of age) and 1 year, and came into hedging around November 2013.

On February 1, 2014, at around 21:00, the Defendant laid off the victim’s clothes while breaking the victim’s EMoel 703 located in Seongbuk-gu, Sungnam-gu, Sungnam-gu, with brushing the victim, and taking the bath.

When the victim's body refuses to engage in sexual intercourse, the Defendant: (a) abused the victim by assaulting the victim, such as once, three times by drinking the victim's boat, her hand floor, and her blick with the victim's blick with the victim's blick with the victim's blick with the victim's blick with the victim's blick with the victim's blick with the victim's blick with the victim's blicking of

Summary of Evidence

1. Statement by the defendant in court;

1. Application of the Acts and subordinate statutes entered in the police statement of C;

1. Articles 300 and 297 of the Criminal Act applicable to the crimes;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act ( considered as favorable circumstances among the grounds for the relevant punishment);

1. Article 62 (1) of the Criminal Act on the suspension of execution ( normal consideration of the reasons for the suspension of execution);

1. Probation and order to provide community service and attend lectures, and Article 62-2 of the Criminal Act;

1. Articles 47(1) and 49(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes Exempted from Disclosure Orders and Notification 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 Defendant does not have been punished for any crime prior to the instant crime). The Defendant is deemed not to refrain from committing any sexual crime in depth and again. Considering these circumstances, the Defendant seems to have a great disadvantage to the Defendant, rather than the benefits and preventive effect expected by the Disclosure Orders or Notification Orders, the Defendant’s personal information shall not be disclosed and notified to the public. Accordingly, the Defendant is a criminal fact against the Defendant who has registered personal information.

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