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(영문) 전주지방법원 군산지원 2019.11.28 2019고합67
강간미수
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

The defendant shall be ordered to complete the sexual assault treatment program for 40 hours.

Reasons

Punishment of the crime

At around 04:00 on November 24, 2018, the Defendant: (a) Da (the 33 years of age) who is a member of the fishing club in the Sinsan-si B building C, which is a member of the Defendant’s fishing club; (b) Donsan-si (the 33 years of age has a large number of son; (c) but the victim refused to have his/her son, thereby putting his/her son into the victim’s clothes; (d) her breast in the victim’s clothes; (e) her knife and bling the victim’s voice; (e) her knife the victim “hing the victim’s knife”; (e) her knife the victim’s knife with his/her son; (e) her knife two times by placing the victim’s knife; and (e) she attempted to rape the victim’s knif.

Summary of Evidence

1. Defendant's legal statement;

1. Legal statement of witness D;

1. Statement to E by the police;

1. Records of seizure and the list of seizure;

1. Written opinions and medical records for victims of sexual assault;

1. 112 Reporting case management table;

1. Each photograph;

1. Application of Acts and subordinate statutes to each gene appraisal statement;

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

1. Article 25 (2) and Article 55 (1) 3 of the Criminal Act for mitigation of attempted crimes;

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

1. Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Disclosure and Notice of Employment, the Punishment, etc. of Sexual Crimes Exempted from Employment Restriction Orders, the proviso to Article 49(1), the proviso to Article 50(1), the proviso to Article 56(1), Article 2 of the Addenda to the Welfare of Disabled Persons Act (Act No. 15904, Dec. 11, 2018), Article 59-3(1) proviso to Article 59-3(1) of the Welfare of Disabled Persons Act does not have any history of punishment for sexual crimes, and the Defendant is able to prevent the recidivism of the Defendant even by issuing orders to register personal information and undergo sexual assault treatment.

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