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(영문) 전주지방법원 2017.11.23 2017고합168
준유사강간미수
Text

A defendant shall be punished by imprisonment for not less than eight months.

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

Reasons

Punishment of the crime

On June 4, 2017, the Defendant: (a) around 02:00, the Victim D (61) located in Seojin-gu, Seojin-gu, Jeondong-gu; (b) brought the Victim D (61) to knee knee knee knee knee knee knee knee knee knee knee knee knee knee knee knee knee knee knee knee knee knee knee knee knee knee knee knee knee knee knee knee kne

Accordingly, the Defendant attempted to rape a victim in a state of mental or physical loss or incompetence.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to D or F;

1. G statements;

1. Each investigation report (in relation to the filing of the 112 Report Processing Statements, relating to telephone communications of victims, relating to telephone communications of victims, files of field pictures, appending ct ct cr cr cr cr cr cr ct ct ct v video at the time of the crime

1. Application of the video CD-related Acts and subordinate statutes

1. Articles 300, 299, and 297-2 of the Criminal Act concerning the facts constituting an offense;

1. Article 25 (2) and Article 55 (1) 3 of the Criminal Act, which is statutory mitigation;

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 suspended execution (Article 62 (1) of the Criminal Act on the following grounds 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) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from an order to disclose or notify information, 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 Defendant’s primary offender is any other Defendant’s age, sex, background leading up to the instant crime, consequence of the instant crime, personal information registration, and attending sexual assault treatment programs alone can have an effect to prevent re-offending by the Defendant;

An order of disclosure or notification is an order of disclosure or notification.

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