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(영문) 인천지방법원 2019.02.01 2018고합667
강간미수
Text

A defendant shall be punished by imprisonment for two years.

The defendant shall be ordered to complete the sexual assault treatment program for 40 hours.

Reasons

Punishment of the crime

At around 08:00 on June 13, 2018, the Defendant: (a) reported that the victim D (one, two-year olds, and 22) who became aware of online games at a lodging place located in the construction site located in the building site located in Suwon-gu, Suwon-gu, Suwon-si; (b) had a mind to rape the victim; (c) had the victim’s body knee by taking the victim’s kne, divided the victim’s kne with kne, and prevented the victim’s kne; (d) allowed the victim to walk the victim’s kne; and (e) allowed the victim’s knife to walk and knife the knife with his knife, and knife the victim’s knife and knife the victim’s knif in the lock; and (e) allowed the victim’s body to knife the victim’s knif.

Even though the victim tried to have sexual intercourse with the victim who was non-speaked several times on the part of the victim, the victim did not have such intent at the wind continuously resistance and did not have such intent.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to police statements made to D;

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. Article 3 of the Addenda to the Act on the Protection of Children and Juveniles against Sexual Abuse (amended by Act No. 15452, Jan. 16, 2018); Article 56(1) of the former Act on the Protection of Children and Juveniles against Sexual Abuse (amended by Act No. 15452, Mar. 13, 2018);

1. 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 orders, 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 has no record of punishment for sexual crimes, and the registration of personal information alone has an effect to prevent the Defendant from repeating a crime.

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