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(영문) 의정부지방법원 2016.04.14 2015고합218
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On May 24, 2015, around 00:10 on May 24, 2015, the Defendant considered the form of the victim under influence of alcohol in the car page “E” operated by the victim D (W, 36 years of age) and was in mind to rape the victim.

The Defendant followed the strike in front of the victim's troke and brought another trop of the victim's trop., followed by the strike in front of the victim's trop., and followed the victim's body, and led to the victim's trop., and followed the victim's trop., the Defendant saw the victim's trop. and the trop., going on the victim's body and trop., put the victim's trop., and went off the victim's trop., and went off the victim's trop., she did not go off the victim's trop., but did not go off the victim's trop., and did not go against the attempted crime.

Summary of Evidence

1. Statement of the defendant in the first trial record;

1. Statement made by the police against D;

1. Written statements of D;

1. Application of the Acts and subordinate statutes to the investigation report (CCTV verification case) and to photograph CCTV-cape;

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

1. Mitigation of attempted punishment: Articles 25(2) and 55(1)3 of the Criminal Act;

1. Article 62 (1) of the Criminal Act on the stay of execution (The following sentencing shall be considered as favorable to the Supreme Court);

1. Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to attend a lecture;

1. In light of Articles 47(1) and 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from the disclosure order and notification order, 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 (no record that the Defendant has been punished for any sexual crime), the circumstances leading to the instant crime, and the circumstances after the instant crime, etc., the mere fact that the Defendant committed the instant crime needs to impose a disposition such as the disclosure order or notification order that may pose a risk of sexual assault or recidivism, or significantly affect the Defendant’s return to society.

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