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(영문) 수원지방법원 안양지원 2014.05.30 2014고합30
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

On August 30, 2012, the Defendant, at the Suwon District Court, sentenced eight months of imprisonment for fraud, and completed the execution of the above punishment on December 5, 2012.

At around 02:55 on February 15, 2014, the Defendant tried to get off panty by cutting off the victim E (the 35-year old age) who entered the Domi-gu, Madomi-si, Mayang-si, Mayang-si, by fasting the victim’s upper part, and cutting off the victim’s upper part, and making the victim’s upper part, but the Defendant tried to get off the panty by cutting off the panty. However, the Defendant her panty and resisting the panty back by inserting the panty, thereby making the finger back into the panty and making the finger back.

Although the Defendant tried to put his sexual organ into the part of the victim, the Defendant continued to put the victim's her sexual organ into the part of the victim, but found the victim's scam and scam by scaming the scam of the victim's scam, and scam the scam and scam of the victim's scam, scam and scam off the victim's clothes.

However, the victim's vision was heard, and the F, an owner of the business, was unable to rape the victim by an ombudsman.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness E;

1. Previous records of judgment: Application of criminal records, inquiry reports, investigation reports, and Acts and subordinate statutes;

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

1. The proviso to Article 35 and the proviso to Article 42 of the Criminal Act among repeated offenders;

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

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 Punishment, etc. of Sexual Crimes Exempted from an order to disclose or notify, 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 age, occupation, family environment, social ties, criminal records, and the risk of recidivism of a criminal defendant recognized as recorded (no record of sexual assault crime exists, and the profits and preventive effects expected by the order to disclose or notify this case are expected.

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