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(영문) 수원지방법원성남지원 2020.09.17 2020고합59
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Defendant

A person who is a person with a post-university such as a victim B (name, leisure, age 21).

On September 27, 2019, at a room where it is impossible to know the family room of the first floor of Sungnam-gu, Sungnam-gu, Sungnam-gu, the Defendant forced another victim on the part of the victim who tried to sleep, was exempted from the victim's panty, and exceeded the victim's panty, and collected the defendant's fingers several times in her sexual intercourse with the victim's fingers by cutting off the victim's legs, and her body was sounded "I mama, Doh," and her body was spreaded by the defendant, and then she tried to suppress the victim's act against his hand and put the defendant's sexual flag into the part of the victim, but the victim did not continuously commit an attempted act by resisting "I mad, Mah" and resisting the victim.

Summary of Evidence

1. Application of the Acts and subordinate statutes to the police's written statement B on the defendant's legal statement to the court statement B, photographic investigation report (Attachment to a record of recording) and investigation report (request for appraisal) to the defendant;

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 under Article 62 (1) of the Criminal Act;

1. Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from Disclosure Orders, Notification Orders, and Employment Restriction Orders; the proviso to Article 49(1) and the proviso to Article 50(1) of the former Act on the Protection of Children and Juveniles against Sexual Abuse (Amended by Act No. 16622, Nov. 26, 2019); Article 2 of the Addenda to the Act on the Protection of Children and Juveniles against Sexual Abuse (Amended by Act No. 16622, Nov. 26, 2019); Article 56(1) proviso to the Act on the Protection of Children and Juveniles against Sexual Abuse; the proviso to Article 59-3(1) of the Act on Welfare of Persons with Disabilities against Sexual Abuse; and it is difficult to readily conclude that a defendant has no record of punishment against him/her; and

The registration of personal information against the defendant;

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