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(영문) 수원지방법원 안산지원 2015.12.04 2015고합217
준강간미수
Text

1. The defendant shall be punished by imprisonment for a period of one year and six months;

2.Provided, That the above punishment shall be executed for two years from the date this judgment becomes final and conclusive;

Reasons

Punishment of the crime

From July 2014, the Defendant was the mother of the Victim C (V, 23 years of age) and living together with D.

At around 03:30 on July 18, 2015, the Defendant: (a) deemed that the victim was divingd with clothes under the influence of alcohol while opening a meeting the visit; (b) was exempted from all his clothes; (c) was off the victim’s body; (d) was cut off from the victim’s body; (d) was cut off from the victim’s body; (e) was frighted from the victim’s chest; (e) was frighted from the victim’s chest; (e) the victim’s chest was inserted into the victim’s sound part; and (e) the victim was frighted with the Defendant’s shoulder or the Defendant’s hand.

Accordingly, the defendant tried to have sexual intercourse with the victim by taking advantage of the victim's failure to resist.

Summary of Evidence

1. Defendant's legal statement;

2. Each police statement concerning C and D;

3. Application of Acts and subordinate statutes to copies of a gene appraisal report;

1. Articles 300, 299, and 297 of the Criminal Act applicable to the facts constituting an offense;

2. Statutory mitigation under Articles 25 (2) and 55 (1) 3 of the Criminal Act;

3. Article 62 (1) of the Criminal Act;

4. The main sentence of Article 16 (2) and (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes against Social Service or Order to attend education

5. In light of 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 of registered information, the proviso to Article 49(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, the Defendant appears to have committed the instant crime, and the Defendant appears to have committed the instant crime, the Defendant and the victim have not yet been punished for sexual crimes, and the relationship between the Defendant and the victim, etc., information about the victim is likely to be known to other persons by testing if the summary of the registered information about the Defendant is disclosed or notified, and other facts revealed in the pleadings, such as the Defendant’s age, character and behavior, character and environment, and family relationship.

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