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(영문) 춘천지방법원 속초지원 2020.05.21 2020고합2
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

The defendant is a person who is in a adjoining relationship with the victim B (math, 102 years of age, actual age, 89 years of age).

On January 28, 2020, the Defendant: (a) saw the victim’s house located at Seocho-si, Sincho-si; (b) demanded the victim to be able to engage in rape with the victim; (c) on the same day, the Defendant forced the victim to leave the house of the defendant located at Sincho-si, about 100 meters away from the victim; and (d) tried to have sexual intercourse with the victim by leaving the house of the defendant at around 100 meters away from the victim’s house; (b) however, the victim did not go beyond the victim’s head and resisting the Defendant’s hand floor.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning B;

1. Investigation report (phographing of the suspect's floor floor), suspect's grandchildren and photographs;

1. Application of statutes on site photographs;

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. In full view of the following circumstances: (a) the Defendant did not have any record of having been punished for a sexual crime before the instant case; (b) the Defendant appears to have been sentenced to imprisonment with labor; (c) the Defendant’s order to provide sexual assault treatment programs; (d) personal information registration; and (e) the employment restriction order would have the effect of preventing re-offending; and (e) the Defendant’s age, occupation, social relationship; (d) the details and details of the instant crime; (e) the method and consequence of the instant crime; (e) the anticipated profits and the consequences of the disclosure order and notification order; (e) the effectiveness of the prevention of a crime; and (e) disadvantages and anticipated side effects.

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