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(영문) 광주지방법원 순천지원 2015.10.08 2015고합64
성폭력범죄의처벌등에관한특례법위반(특수강간)
Text

A defendant shall be punished by imprisonment for three years.

However, the execution of the above punishment shall be suspended for five years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On April 10, 2015, at around 19:30 on the underground floor of the youth training center located in Do, the Defendant carried a 1 knife knife (22 cm in knife length) that is dangerous objects in the bank and waiting for women to enter the inner column of the female toilet with a knife knife that is made of a vinyl knife in the face and waiting for women to enter the knife (18 years old).

The defendant put the knife in three cres in a cres.

However, the victim attempted to rape the victim by threatening him/her to “to open a door, to view him/her, and to kill him/her as soon as possible.” However, the victim’s voice entered the toilet, and arrested the police officer dispatched upon receipt of a report, thereby having failed to bring the victim’s voice into the toilet, thereby resulting in attempted rape.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Application of statutes on site photographs;

1. Relevant Articles 15 and 4 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and the elective Punishment of Sexual Crimes, Article 297 of the Criminal Act;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Article 62 (1) of the Criminal Act (The following consideration shall be made again for the reason of sentencing);

1. The main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, etc. of Probation, community service order or order to attend a lecture

1. Article 48 (1) 1 of the Criminal Act to be confiscated;

1. The exemption of disclosure and notification order does not have any previous sex offenses prior to the instant case; the Defendant led to the confession of the Defendant and the basic crime was committed in the attempted crime; the Defendant’s age, family environment and social ties; and the disclosure order or notification order.

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