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(영문) 부산지방법원 2019.01.11 2018고합457
살인미수등
Text

A defendant shall be punished by imprisonment with prison labor for a maximum of twelve years and seven years in a short term.

The defendant is about 40 hours of sexual assault treatment program.

Reasons

Punishment of the crime

1. On September 22, 2018, at around 09:20 on September 2, 2018, the Defendant attempted murder: (a) discovered the victim D (name, fluor, 29 years old) who was fluencing depending on the maculation route while flucing the subject of murder, was flucing away from his father, her mother or fluor who was fluoring with his father, and fluor who was fluoring with his father, and fluor who was fluencing him with a stone of the size of drinking, which is a dangerous thing, flusing him.

Then, the Defendant got off 6 to 7 parts of the back of the victim, and 30-40 seconds so far so as to kill the victim, the Defendant did not commit an attempted act by cutting down the victim’s her hand, and her hand.

2. As described in paragraph 1, the Defendant: (a) was able to rape the victim who was stroke and strokeed with the victim; (b) was 10 meters away from the swimming of the victim; (c) was frighten by taking the victim’s name into the part of the victim; (d) the victim called “off the victim”; and (e) was frighten by the victim who was off the part of the victim’s panty; and (e) was frighten by the victim.

Then, the Defendant, after having taken one’s place, attempted to insert the sexual organ into the part of the victim’s sexual organ, but did not have been taken place, made the victim’s sexual organ quickly enter the victim’s sexual organ and inserted the sexual organ into the victim’s sexual organ, and continued to change the attitude into the victim’s sexual organ and made the victim rape by making the Defendant insert the victim’s sexual organ into the victim’s sexual organ.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. Application of the police statement law to D;

1. Relevant Article of the Criminal Act and Articles 254, 250 (1) (the attempted crime and the choice of limited imprisonment) of the Criminal Act and Article 297 of the Criminal Act concerning the crime;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 2 and 60, Paragraph 1, of the Juvenile Act, of the Irregular Act.

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