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(영문) 인천지방법원 부천지원 2018.07.06 2018고합76
강간미수
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

The defendant shall order the defendant to complete a sexual assault treatment program for 40 hours.

Reasons

Punishment of the crime

On January 2, 2018, the Defendant knew with the husband of the victim D (V, 28 years of age) and 15 years or longer, and when the husband of the victim and the husband of the victim enter the room first after drinking alcohol with the victim, the Defendant was able to rape the victim.

Around 05:00 on January 2, 2018, the Defendant: (a) led the victim at a small place at the above residence; (b) putting the victim on lying the body on her hand; (c) pressure the victim’s resistance; and (d) forcedly, tried to be out of and rape the victim’s rashing license; (b) the victim resisted and resisted the victim with her husband of the victim, who escaped from her locking.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. 112 Notification to a department related to the report of the case;

1. Application of Acts and subordinate statutes to a criminal investigation report (any text message sent by the victim to her husband);

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

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among 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 Order;

1. Article 47(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes Exempted from Disclosure Orders and Notification Orders; Article 49(1) proviso of the Act on the Protection, etc. of Children and Juveniles against Sexual Abuse; Article 49(1) proviso of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes; Article 50(1) proviso of the Act on the Protection, etc. of Children and Juveniles against Sexual Abuse (a) of the Act on the Protection, etc. of Juveniles against Sexual Abuse. (b) the Defendant’s age, family environment and social ties, power, details and motive of the crime, method and consequence of the crime; (c) the degree and anticipated side effects of the Defendant’s disadvantage due to disclosure orders or notification orders; (d) the prevention and effect of sexual crimes

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