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(영문) 의정부지방법원 2017.08.23 2017고합229
유사강간미수
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On February 5, 2017, 05:00, the Defendant: (a) within the “Dump water room” located at the Jung-si, the Defendant: (b) knicked the Defendant’s fingers of the Victim E (19 years old); (c) knicked the Defendant with the shoulder hand; and (d) knicked the Defendant with the Defendant with the shoulder hand; (c) continuously collected the Defendant’s fingers with the Defendant’s part; (d) knicked the Defendant’s sexual organ with his fingers; and (e) flicked the victim’s chests with his fingers; and (e) flicked the victim’s chests with his fingers and fingers; and (e) flicked the victim’s knick and fingers with his fingers; and (e) flicked the victim to enter the victim’s to the “burging part of the victim,” but flicked the victim’s to the victim.

Accordingly, the Defendant attempted to rape a victim, but attempted to commit an attempted rape.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. The police statements and statements concerning E;

1. Application of the Acts and subordinate statutes on investigation reports (on-site inspection and CCTV verification), CCTV filming details;

1. Relevant Articles 300 and 297-2 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 stay of execution (The following circumstances considered in favor of 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 Committed to Attend;

1. Article 47(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from an order to disclose or notify registered information, the proviso to Article 49(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse (in the instant judgment, the Defendant is subject to an order to attend a lecture for treatment of sexual assault imposed on him/her.

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