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(영문) 대전지방법원 2015.01.08 2014고합395
강간미수
Text

A defendant shall be punished by imprisonment for two years.

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 August 18, 2014, around 19:30 on August 18, 2014, the Defendant: (a) provided meals to the victim E (n, 20 years of age) (n, 20) who was introduced through friendship near the Seo-gu D University located in Daejeon, Seo-gu, Daejeon; (b) provided drinking, and (c) provided drinking, and (c) provided drinking, and (d) provided drinking, to the victim at home; and (c) entered the victim’s home on August 19, 2014.

In addition, the Defendant reported the victim who was frighten in a toilet located in the house, kidd the victim, kid the victim, kidd the schere of the resistance, and forced the victim to go off, and attempted to rape the victim by putting the defective cell phone on the floor by cutting off the cell phone in order to report and cutting off the defect of the victim's cell phone. However, the victim did not go through the wind to open the door door and to escape out of the house, and did not go against the attempted crime.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes concerning police statements to E;

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

1. Articles 25 (2) and 55 (1) 3 of the Criminal Act, which are statutory mitigation;

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. Article 62-2 (1) of the Criminal Act regarding community service order;

1. Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed against Order to attend lectures;

1. In full view of the fact that the disclosure order and notification order can be expected to have an effect on the prevention of recidivism through the registration of personal information of the accused, there are special circumstances that need not disclose and notify the accused’s personal information. In full view of the fact that the disclosure order and notification order under Articles 47(1) and 49(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes Aggravated Crimes, the proviso to Article 49(1) and the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, the disclosure order and notification

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