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(영문) 수원지방법원 안산지원 2018.05.04 2018고합77
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 three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a victim C (n, 25 years of age)'s compensation for a workplace.

On October 16, 2017, the Defendant was parked in D’s dormitory in front of the company’s dormitory located in Seoul Special Self-Governing Province around 04:00

E) The above victim saw that he was seated in the steering house of the victim under the influence of alcohol, and the victim gets off his panty and panty to rape, and tried to put the victim's bridge into the defendant's shoulder and to put the defendant's sexual organ into the part of the victim's sound, but the victim was not able to carry the victim's sexual organ into the part of the victim's sound.

Accordingly, the defendant tried to have sexual intercourse with the victim by taking advantage of the victim's non-refluence condition, but was attempted.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Application of text messages statutes;

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

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1. Article 62 (1) of the Criminal Act on the suspended execution (Article 62 (1) of the Criminal Act on the following grounds for sentencing);

1. The main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Attend;

1. Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from an order to disclose or notify information, 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 fact that the defendant has no record of being punished as a crime of sexual assault, the defendant has divided his/her wrong facts, and the defendant has divided his/her age, occupation, family environment, social relationship, etc., can prevent the recidivism of the defendant even by taking part in the registration of personal information of the defendant and taking part in the treatment of sexual assault;

In addition, the contents and circumstances of the instant crime, the expected side effects and expected side effects to be incurred by the Defendant due to the disclosure notification order, and the prevention effect, etc. of sexual crimes that can be achieved thereby.

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