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(영문) 수원지방법원 2020.08.13 2020고합312
준강간미수
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant came to know through a mobile game called “propatom” between the victim B (the 23 years of age) and January 2, 2019.

At around 22:00 on November 23, 2019, the Defendant met the said victim, or carried out a game by going to the victim and the PC in the vicinity of Kimpo-si in Gyeonggi-do, Kimpo-si, Kimpo-si, the Defendant: (a) told the victim to the effect that “I will have our room, and there will be no defects in the mobile game at that place; (b)” and told the victim to the effect that “I will have any error in the mobile game at that place; and (c) followed the victim on November 24, 2019, together with the victim, on November 24, 2019, after drinking alcohol in the C building D of the same city, the victim was bread by drinking while the victim was drunk, and the female was frightd with the alcohol.

The defendant continued to break the defendant in a diving and the victim saved the defendant, and the victim saved off all his lower and inner clothes, and the victim saved off the saves of the defendant, and tried to put the saves of the victim into the saves of the victim, but the saves failed to bring the saves of the victim into the saves of the victim, but the saves failed to bring the saves of the victim into the saves of the victim, and saves of the defendant.

In this regard, the Defendant attempted to have sexual intercourse with the victim by taking advantage of the victim’s mental or physical state of difficulty or resistance.

Summary of Evidence

Defendant’s legal statement

B, Each police statement about E

1. Application of B Acts and subordinate statutes to the petition for complaint;

1. Articles 300, 299, and 297 of the Criminal Act applicable to the facts constituting an offense;

1. Article 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation (i.e., circumstances favorable to the following reasons for sentencing):

1. Article 62 (1) of the Criminal Act (recognition of the favorable circumstances among the reasons for sentencing following the suspended sentence);

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

1. Article 47(1) and (2) of the Act on Special Cases concerning an order to disclose and notify information, and an order to exempt sexual crimes from employment restrictions;

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