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(영문) 대전지방법원 홍성지원 2016.01.07 2015고합121
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

The defendant is a "D" employee in Boh City C, and the victim E (the life expectancy, the age of 25) is a guest who was accommodated in the above penta.

On July 15, 2015, the Defendant, at around 02:00, 02: (a) 2nd floor of the above pentathy, performed alcohol along with the pentathy’s staff and the victim’s day-to-day day-time day-to-day day-to-day day-day day-to-day day-to-day day-to-day day-day day-to-day day-day day-to-day day-the-day day-day day-to-day day (hereinafter “the-day day-to-day day-day day-to-day day-day day-to-day day-day day-to-day day-day day-day day-to-day day-day day-to-day day-day day-to-day day-day day

The Defendant continued to sleep the door at the place, lying the victim into the bed, putting the victim on the bed, prevent the victim from suffering the victim's shoulder, suppress the victim's resistance, and forced the victim's panty and panty, and forced the victim's panty, and tried to have sexual intercourse with the victim by holding the victim's panty off with his panty and panty, but the victim's panty did not go against the wind to find the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with respect to E;

1. A report on internal investigation (in cases of attaching photographs by cutting down a letter mersh) and a report on investigation (in cases of d 201 heading rooms and attaching internal photographs);

1. Application of statutes on site photographs;

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

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 disclosure 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 has no record of punishment for a sex offense) are favorable to the following reasons for sentencing, such as having no record of punishment for a sex offense.

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