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(영문) 울산지방법원 2019.07.19 2019고합21
강간미수
Text

A defendant shall be punished by imprisonment for three years.

The accused shall be in institutions, etc. related to children and juveniles and welfare facilities for disabled persons.

Reasons

Punishment of the crime

On September 22, 2005, at around 03:50, the Defendant: (a) placed the back head of the victim who intends to open a gate in Ulsan-gu, Ulsan-gu, a residence of the victim B (n, 37 years of age, household name), under the influence of alcohol, into an influencing tool; (b) went beyond the victim; (c) took the victim’s resistance against the victim, such as taking the victim’s face to drinking, sound, and resisting the victim’s hand, preventing the victim from suffering by hand; and (d) attempted to put the victim’s sound into the part of the victim’s body, but did not go against the victim’s body and resisting the victim’s body; and (e) attempted to commit an attempted act by putting the victim’s sexual flag into the buckbuck.

Summary of Evidence

1. Legal statement of the victim B;

1. Each investigation report (investigation into confirmation of the distance between the suspect and the damaged place and his/her residence);

1. Application of Acts and subordinate statutes to requests for appraisal, reports on genes and written gene appraisal;

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

1. An order to complete a program was issued to the Defendant, but the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes was partially amended by Act No. 10567, Apr. 7, 2011 (amended by Act No. 10567, Oct. 8, 201); however, Article 2 of the Addenda (No. 10567, Apr. 7, 201) of the Act provides that the provision on the order to complete a program shall apply to a person who first commits sexual crimes after the enforcement of the amended Act, and thus, the Defendant who committed the instant crime cannot impose the order to complete a program.

1. Article 2 of the former Addenda to the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (amended by Act No. 11556, Dec. 18, 2012); Article 37(1) proviso of the former Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (wholly amended by Act No. 11556, Dec. 18, 2012); Article 41(1) proviso of the former Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (amended by Act No. 11162, Jan. 17, 2012) is a sexual crime before the instant case.

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