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(영문) 춘천지방법원 원주지원 2019.02.14 2018고합113
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 three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On June 2018, the defendant was working together with the victim B (n, 57 years of age) and the construction site, and the victim came to go to the original state because the defendant introduced the work.

On August 7, 2018, the Defendant, around 22:30 on August 22, 2018, left the victim’s room before the front of the C Inn's house D, and thereafter placed the victim on the bed in the bed of the bed of the bed of the bed of the bed of the bed of the bed of the bed of the bed of the bed of the bed of the bed of the bed of the bed of the bed of the bed of the bed of the bed of the bed of the bed, and

Since then, despite the victim's continuous opposition, the victim took the chest of the victim's chest with one hand, put the victim's fingers into the victim's sexual organ, and continued to put the defendant's sexual organ into the victim's sexual organ, but the defendant's sexual organ, which performed a sound extension operation, did not go into the victim's sexual organ too much so so, and eventually did not put the victim's sexual organ into the part of the victim's sexual organ.

Accordingly, the defendant attempted to rape the victim.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning B;

1. A report on investigation (the sequence 7,9 of evidence list);

1. The application of Acts and subordinate statutes on cards sales slips and photographs of sales account books;

1. Articles 300 and 297 of the Criminal Act applicable to the crimes;

1. Article 25 (2) and Article 55 (1) 3 of the Criminal Act for mitigation of attempted crimes;

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

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

1. Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from disclosure orders, notification orders, and employment restriction 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 proviso to Article 56(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, the Addenda to the Act on the Protection of Children and Juveniles against Sexual Abuse (amended by January 16, 20

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