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(영문) 전주지방법원 2018.06.01 2018고합42
준강간미수
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant became aware of the victim D (n, 40 years of age) with the introduction of the branch C.

On January 20, 2018, the Defendant, at E-cafeteria located in the innovation city in Jeonju-si, around 20:00, drinked with the victim, C, etc., and continued to drink with G studio room located in F at Jeonju-si, around 22:00 on the same day, and the victim got to drink.

On January 21, 2018, between around 02:00 and around 03:00, the Defendant tried to have sexual intercourse with the victim, who was frighted in Kim Jong-si H, 105, who was in her arms and panty of the victim, and who was in her arms and panty of the victim, and was in her arms and panty of the victim, and was in her arms and her arms, but was not committed by the victim with the mind.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to D or C;

1. Application of Acts and subordinate statutes to investigation reports (related to submission of photographs of victims);

1. Articles 300, 299, and 297 of the Criminal Act concerning the facts constituting an offense;

1. Mitigation of attempted punishment: Articles 25(2) and 55(1)3 of the Criminal Act;

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1. Article 62 (1) of the Criminal Act on the suspended execution (Article 62 (1) of the Criminal Act on the following grounds for sentencing);

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

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 information, the proviso to Article 49(1) and the proviso to Article 50(1) of the Act on the Protection of Juveniles from Sexual Abuse [the Defendant has no record of criminal punishment for sexual crimes before committing the instant crime, and the Defendant’s age, occupation, sex behavior, etc. can prevent recidivism even by taking part in the registration of personal information of the Defendant and the lectures to treat sexual crimes against him/her;

The profits and preventive effects expected by the disclosure order or notification order, and thereby the defendant enters the military court.

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