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(영문) 전주지방법원 2013.05.30 2013고합74
준강간미수
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

However, the execution of the above punishment shall be suspended for three years from the date of the final judgment.

Reasons

Punishment of the crime

On April 2, 2013, at around 23:20, the Defendant: (a) discovered the victim E (at the age of 42) who could not properly take the body in front of the “D” singing line located in the Full-gu Seoul Metropolitan Area C, and (b) led the Defendant to the G Park sperm in F by neglecting the victim.

The Defendant continued to place a victim, who was under the influence of alcohol on the floor of the said sperm, on the ground of her panty, and tried to have sexual intercourse with the victim, who was in the state of mental disorder or of failing to resist under the influence of alcohol, with her bucks, her suck and panty, and with her hand, her kbbbbbbbbs, and so on. However, the Defendant attempted to have sexual intercourse with the victim who was in the state of mental disorder or of failing to resist under the influence of alcohol. However, the Defendant did not have attempted to have the police officer dispatched after receiving H’s report to witness the ma on the part of the victim and tried to do so.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of H and E;

1. Application of statutes on site photographs;

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

1. Article 25 (2) and Article 55 (1) 3 of the Criminal Act for mitigation of attempted crimes;

1. Article 62 (1) of the Criminal Act (The following consideration shall be made again for the reason of sentencing);

1. Article 62-2 (1) of the Criminal Act, Article 59 of the Act on Probation, etc. of Social Service Orders;

1. Where a conviction becomes final and conclusive against a defendant who has registered personal information pursuant to the main sentence of Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, the defendant is a person subject to registration of personal information pursuant to Article 32(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and the defendant is obligated to submit personal information

In full view of the background of the instant crime as to whether to issue an order to disclose or disclose the registered personal information, the degree of the crime, the result of the crime, the attitude of the defendant after the crime, and the criminal records of the defendant, the personal information shall not be disclosed to the defendant.

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