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(영문) 광주지방법원 목포지원 2014.08.14 2014고합68
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 three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On February 2, 2014, the Defendant first sent the victim C (n, 20 years of age), upon introduction by the branch of the second person, and the same month.

9. The victim who d. 103 p. d. d. d. d. d. d. d. d. d. d. d. d. d. d. d.

On February 10, 2014, the Defendant: (a) around 00:05, around 100:03, the Defendant saw the victim’s hand to sit on the floor by cutting the victim’s hand; (b) laid the victim’s hand on the room; and (c) laid the victim’s hand into the clothes of the victim, and met the chest, ship, bridge, etc.

Therefore, even though the victim only gets off and pushed off the defendant, the defendant was out of the victim's load and prevented him from going up to the her from getting up with the victim's seat, and was in the negative part of the victim's finger by hand, and continued to put the defendant's sexual organ into the part of the victim's sound, but the defendant's sexual organ was tried to have the victim's sound part, but it did not come out of the wind coming from the police officer who received a report from the victim's cell phone with the victim's cell phone.

Accordingly, the defendant attempted to rape the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the police protocol law to C

1. Articles 300 and 297 of the Criminal Act applicable to the crimes;

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 on the suspension of execution ( repeatedly considering the grounds for discretionary mitigation);

1. The main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes;

1. Article 47 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and the main sentence of Article 49 (1) 2 of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. Decision on the registration of personal information under Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and Article 50(1)2 of the Act on the Protection of Children and Juveniles against Sexual Abuse shall be made.

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