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(영문) 부산지방법원 2016.03.25 2015고합785
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 two years from the date this judgment becomes final and conclusive.

Reasons

Criminal facts

On November 22, 2015, at around 15:20 on November 22, 2015, the Defendant came to be cut off from the Defendant’s house located in Busan B, a neighboring victim D (n, 63 years of age), and went to the inside and outside of the room, and later, “one defect only once, one defect,” and “one defect only once,” and tried to keep the victim’s chest and boat from her body by hand and not to resist the body, and to have sexual intercourse with the victim out of her body, but the victim did not come to have the intent of escape with the wind.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of Acts and subordinate statutes to a report on an investigation (related to on-site verification), a report on an investigation (related to verification of witness), a report on an investigation (limited to attachment of a detailed statement of processing a case reported 11

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

1. Articles 53 and 55(1)3 of the Criminal Act (the following sentencing shall be considered in consideration of the conditions favorable to the attention) of the mitigated amount;

1. The main sentence of Article 62 (1) of the Criminal Act (the following sentencing has been repeated for a favorable reason):

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. In full view of all the circumstances, including: (a) Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from an order to disclose or notify information; (b) Article 49(1) proviso of the Act on the Protection of Children and Juveniles against Sexual Abuse; and the proviso to Article 50(1) proviso of the Act on the Protection of Children and Juveniles against Sexual Abuse; (c) Article 50(1) proviso that the registration of personal information of the accused against the accused and taking lectures to treat sexual assault sufficient to prevent recidivism; and (d) the profits and preventive effects expected by the order to disclose or notify the accused; and (e) disadvantages and side effects of the order, there

The reasons for sentencing can be determined)

1. The scope of applicable sentences: Imprisonment for one year and six months to fifteen years;

2. Whether or not to apply the sentencing criteria: the sentencing criteria shall apply as it is a single crime.

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