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(영문) 인천지방법원 2012.07.19 2012고합425
강간치상
Text

A defendant shall be punished by imprisonment for not less than two years and six months.

The information on the accused shall be disclosed and notified for five years.

(b) the defendant;

Reasons

Punishment of the crime

On February 7, 2012, at around 03:35, the Defendant, while drinking alcohol, such as the Victim D (L, 21 years of age). On February 7, 2012, the Defendant: (a) had a desire to commit rape in the course of carrying the victim, who was detained on the back seat of his own f arche vehicle located in the south-gu Incheon Metropolitan City E apartment zone, with the withdrawal of the victim.

While the Defendant was off from the victim’s lower part, the Defendant tried to divide the victim’s body with his/her face with his/her hand and to rape after suppressing the victim’s body with his/her hand, but did not bring his/her intent into the victim’s resistance, but did not bring his/her intention into an attempted crime, and thereby, the Defendant suffered approximately 20 days left from the left side and the part of the inner part of the victim’s body in need of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. The application of some police statements and investigation reports (general)-related Acts and subordinate statutes to D;

1. Relevant Articles of the Criminal Act and the choice of punishment for the crimes: Articles 301, 300, and 297 of the Criminal Act;

1. Discretionary mitigation: Articles 53 and 55 (1) 3 of the Criminal Act;

1. An order to disclose or notify: Article 37 (1) 1 and Article 41 (1) 1 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes;

1. Order to complete a program: The reason for sentencing under Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes [the decision of a sentence] and the result of injury occurs. Where the result of injury occurs during the age of 13 years or more, if the result of the injury occurred but the basic crime is committed against attempted crimes, no penalty is imposed [the scope of the recommendation area and the scope of the recommended sentence]: The special mitigation area: 2 years or 6 months to 5 years (the statutory applicable sentencing range): The serious half [the decision of a sentence] and the conviction of the criminal facts indicated in the decision of the registration of personal information is finalized, and the defendant constitutes a person subject to registration of personal information under Article 32 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and personal information is personal information to the chief of the competent police agency pursuant to Article 33 of the same Act.

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