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(영문) 서울북부지방법원 2021.02.05 2020고합408
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

On June 12, 2020, the Defendant, at around 13:00 on June 12, 202, tried to rape the victim, who was demanded to drink alcohol at the victim B (name, 26 years of age) house located in Dongdaemun-gu Seoul Metropolitan Government and to return alcohol to the victim.

The Defendant: (a) lying the victim on an inner bed on the part of the victim; (b) putting the victim out of the inner bed; (c) putting the victim out of the inner bed; and (d) suppressions the victim’s resistance by taking the body down on each bridge; and (c) intending to rape the victim by taking the victim’s timber out of the inner bed; (d) however, the Defendant did not have the victim’s escape at the home when she gets out of the bed and forced her bed from the

Accordingly, the defendant attempted to rape the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to photographs of the scene of each case of the police statements made by the police as to B (tentative name) and photographs showing victims at the time of committing the crime;

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

1. Article 25(2) and Article 55(1)3 of the Criminal Act on mitigation of attempted punishment (Article 62(1) of the Criminal Act)

1. The main sentence of Article 16 (2) and Article 16 (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, etc. of Protection and Order to attend lectures or community service orders;

1. An order to disclose or notify, or an order to disclose or notify an employment restriction: Exemption from an order: Article 47(1) or 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes; the proviso to Article 49(1) or the proviso to Article 50(1) of the former Act on the Protection of Children and Juveniles against Sexual Abuse (amended by Act No. 17282, May 19, 2020); the proviso to Article 56(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse; the proviso to Article 59-3(1) of the Welfare of Persons with Disabilities Act (the proviso to Article 56(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; the sentence of suspended sentence, protection and observation of the defendant's imprisonment; the order to attend school for treatment of sexual assault; the order to provide community service and the registered personal information can expect the effect of

The present case is seen as seen.

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