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(영문) 서울북부지방법원 2017.10.27 2017고합296
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, as a workplace of the victim C (n, 21 years of age), made a business trip with the victim and completed the work of the company, and decided to go to the “Eel” located in Kimhae-si.

On April 11, 2017, from around 05:00 to around 05:30, the Defendant d Maurel 502, who drinks with the victim, she saw the victim as a shower.

Between them, the victim was shower and her shower, who was suffering from the shower, and the victim was in a situation where the victim was able to resist because she was locked and she was in a situation where she was unable to resist because she was she was faced by the victim, the victim was her chest, and the victim was only her chest, and the other hand was her chest, and the victim was she did not commit an attempted crime by inserting it into the victim's sound and inserting it into the victim's sound part.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Application of Acts and subordinate statutes to the table of on-site photographs of the telecom, 112 reported cases;

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 shall be considered for the reasons for sentencing):

1. Article 62 (1) of the Criminal Act on the suspension of execution (Article 62 (1) of the Criminal Act on the grounds for sentencing repeated consideration);

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 disclosure order and a 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 (the fact that the defendant has no record of being punished for a sexual crime, the defendant recognizes and reflects his/her criminal act, and the defendant’s age, social relationship, etc. are to prevent the defendant from repeating the crime.

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