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(영문) 청주지방법원 2015.03.20 2014고합243
강간미수
Text

A defendant shall be punished by imprisonment for two years.

To order the defendant to complete a sexual assault treatment program for 80 hours.

Reasons

Punishment of the crime

On July 8, 2014, at the house of the defendant located in Cheongju-si, Cheongju-si, Cheongju-si, Cheongju-si, Cheongju-si, Cheongdoging the victim to saging off the water exemption from the water exemption from the water exemption from the water exemption from the water exemption to the victim, who is his father of the living woman, and allowed the victim to drink the water in the remaining alcohol of the victim, including the water exemption from the water exemption from the water exemption from the sagrative ingredients.

As a result, the Defendant was placed on the part of the victim who is in a state of impossibility to resist, and the Defendant did not commit an attempted crime, with the victim’s chests and part, as soon as the victim’s chests and part, and her fingers are placed in a negative part, and the victim’s sexual organ has been placed in the negative part of the victim’s sexual organ, and the Defendant did not commit it with the wind that does not have occurred even though she had sexual intercourse

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to D or F;

1. Each written appraisal;

1. Application of Acts and subordinate statutes governing recording records;

1. Articles 300 and 297 of the Criminal Act applicable to the crimes;

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

1. The main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed;

1. According to Articles 47(1) and 49(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes Exempted from the Disclosure Order and Notification Order, 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 fact that the defendant has no record of punishment for the same kind of crime, the defendant's misconduct is against his/her own mistake, and the defendant's risk of recidivism of sexual crime is not determined high, the circumstances of the crime in this case, the defendant's age, occupation, family environment, social relationship, relationship between the defendant and the victim, and other benefits and preventive effects expected by the Disclosure Order or Notification Order, and the disadvantages and side effects resulting therefrom, the disclosure and Notification of the defendant's personal information are determined to be a special circumstance.

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