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A defendant shall be punished by imprisonment for not less than one year and six months.
The defendant shall complete a sexual assault treatment program for 40 hours against the defendant.
Reasons
Punishment of the crime
1. On September 6, 2015, the Defendant attempted rape was found in the house of the victim I (the age of 87), who was aware of peace in Bosung-gun H around the new wall around the new wall of September 6, 2015, and had a view to rape with the victim while exchanging conversations with the victim in the ward.
The Defendant: (a) she was placed on the floor of a sofashed victim who was sitting in a sofash; (b) she was exempted from the victim’s clothes; and (c) she was attempted to rape the victim, but she did not commit an attempted crime because the victim she did not resist and resist the her seat.
2. The thief Defendant shall take out 100,000 won in cash on the wall of a victim who was living in a ward by avoiding the Defendant at the time and place under the above paragraph (1) and by taking advantage of the gaps between him and out of the ward.
They have come to her.
Accordingly, the defendant stolen the victim's property.
Summary of Evidence
1. Partial statement of the defendant;
1. Each legal statement of I, J and K;
1. Application of Acts and subordinate statutes to a report on investigation (a person who has taken photographs of only the original right to use the cash left to L after the victim steals the cash of the victim);
1. Relevant legal provisions of the Criminal Act and Articles 300, 297, and 329 of the Criminal Act (the points of attempted rape) concerning criminal facts;
1. Reduction of an attempted punishment: Article 25(2) and Article 55(1)3 of the Criminal Act (limited to an attempted rape);
1. The aggravated punishment for concurrent crimes under the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (the aggravated punishment for concurrent crimes prescribed in the attempted rape to the extent that the punishment is added up with the length of each crime);
1. Determination on the assertion by the Defendant and his/her defense counsel under Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order
1. The summary of the argument is that the Defendant did not rape the victim, and the cash would result in the victim’s consent.
2. In light of the evidence duly adopted and examined by this Court, the victim's investigative agency and legal statement are consistent, specific, and false as follows.