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(영문) 서울서부지방법원 2018.09.20 2018고합72
강간미수
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 this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On January 11, 2018, at the main point of “E” located in Mapo-gu Seoul Metropolitan Government D on January 01, 2018, the Defendant tried to do so, such as raising the victim’s shoulder while she was in line with the victim F (n, 25 years of age). The victim, following the victim’s behind the victim’s back, did not resist the victim by her hand, forced the victim to her chest, and forced the victim to her chest, even though the victim was “Non-Surg”, even though the victim was “Non-Surg,” she exceeded the victim’s neck, and she collected the victim’s finger with the victim’s panty, and added the victim’s finger, and she did not her part.

In spite of sound, the Defendant’s panty and panty were tried to rape by inserting the Defendant’s sexual organ into the victim’s sexual organ, but two customers, whose main place of business and name are unknown, did not come to an attempted attempt without having the intent to open the doors of the above toilets on the wind.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. Application of the Acts and subordinate statutes governing text messages sent to the victim;

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

1. Mitigation of attempted punishment: Articles 25(2) and 55(1)3 of the Criminal Act;

1. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons 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 disclosure order and an order of 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 crime of this case is not a criminal offense against an unspecified victim; the crime of this case is not a crime against an unspecified victim; the crime of this case is not a crime committed against an unspecified victim; the crime of this case is committed by the sentence of imprisonment to the accused; the registration of personal information;

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