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(영문) 의정부지방법원 2016.07.13 2015고합451
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 a period of three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On September 8, 2015, in the vicinity of E parking lot located in Guri-si, Siri-si, 03:45 on September 8, 2015, the Defendant proposed that the Defendant drink F (the 30-year old-old-old-old-old-old-year-old-old-old-year-old-old-old-old-old-old-old-old-old-old-old-old-old-

In spite of refusal, a person who suffered from a defect in the course of rape, such as he/she was off from his/her own load and attempt to raise the body of the victim, has pushed the defendant.

Therefore, the defendant tried to suppress the victim's face by drinking, but the victim escaped and attempted to flee.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness F;

1. Each police statement made to F and G;

1. Application of Acts and subordinate statutes to photographs of victims;

1. Articles 300 and 297 of the Criminal Act concerning the facts constituting the crime;

1. Articles 53 and 55(1)3 of the Criminal Act for mitigation of amount (which has grounds to consider the commission of a crime)

1. Article 62(1) of the Criminal Act on the stay of execution (The following grounds for sentencing shall be taken into account the conditions of sentencing under Article 51 of the Criminal Act);

1. Article 16 (2) and (3) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed against Order to attend a course;

1. Article 47(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) of the Act on the Protection of Children and Juveniles against Sexual Abuse, Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse (including the fact that the accused has no history of sex offense, and the accused is likely to recommit a sex crime in light of the following circumstances

It is difficult to conclude that there are other special circumstances in which the personal information of the defendant should not be disclosed or notified in comparison with the benefits and prevention effects expected by the disclosure or notification order and the disadvantages and side effects that the defendant suffers.

The defendant and the defense counsel.

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