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(영문) 서울남부지방법원 2016.04.01 2015고합550
강간미수
Text

A defendant shall be punished by imprisonment for two years.

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 tourist bus driver, and the victim C (V, 46 years old) is a person who works in the head office of "E" located in Geumcheon-gu Seoul Metropolitan Government as a person who works in the head office of "E" and becomes aware of the fact that he/she frequently found in the head office of the damaged person's work.

Between August 29, 2015.22:00 and around 23:00, the Defendant: (a) was parked in the said empty machine by saying, “Irre the victim “Irre the vehicle for a tourist bus at the time of the retirement of the tourist bus company,” and was parked in the said empty machine,” stating, “Irre the vehicle for a tourist bus.”

G Tourist buses sing the victim and boarding the bus with the victim, and singing with the victim.

In addition, even though the victim was suffering from microphone, he did not want to rape the victim due to his refusal, he did not resist by cutting the back part of the victim's chest, cutting off the part of the victim's chest, cutting off the part of the victim's finger, cutting off the part of the victim's panty, cutting off the part of the victim's finger, cutting off the part of the victim's finger, gathering the victim's sexual organ into the victim's inner part, putting the victim's breast on the victim's upper part, putting the victim's chest on the upper part, putting the victim's chest on the upper part of the victim's chest, intending to put the victim's chest into the victim's inner part, and put the victim's chest into the victim's inner part, and put the victim's face into the victim's face into the victim's inner part, and tried not to rape the victim's face at the victim's end, but the victim attempted to commit rape.

Summary of Evidence

1. Statement by the defendant in the court room among the first trial records;

1. Application of Acts and subordinate statutes on the prosecutor's statement protocol to C;

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

1. Mitigation of attempted punishment: Articles 25(2) and 55(1)3 of the Criminal Act;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Order for community service and attending lectures;

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