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(영문) 창원지방법원 2014.08.28 2013고합311
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 three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On October 3, 2013, the Defendant: (a) friendly job offering C and his her pets victim D (the age of 21) and on October 3, 2013, and (b) frighted in C’s studio located in Kimhae-si, Kim Jong-si, and (c) frighted the victim to feel sexual humiliation and C in depth.

At around 01:30 on October 4, 2013, the Defendant: (a) putting the hand in front of the victim’s room by putting the hand in front of the victim’s clothes; (b) kiding and drinking the chest and drinking part; (c) intending to get off and rape the victim’s body after cutting down and dividing the victim’s body and suppressing his resistance; (d) however, the Defendant did not go to the victim’s non-defluence that she was frighted to the victim, and did not go to the attempted crime.

Summary of Evidence

1. Defendant's legal statement;

1. Application of each police protocol of statement to D and C

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

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

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

1. Reasons for sentencing of a defendant's personal information is determined to be disclosed or notified in full view of all the circumstances, including the defendant's age, occupation, family environment, social ties, criminal records, the risk of recidivism, the victim's intent not to punish him/her, profits and preventive effects expected due to the disclosure or notification order of this case, disadvantages and side effects of the disclosure order of this case, etc.) under Articles 47(1) and 49(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes Exempted from disclosure or notification order, 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

1. The sentencing criteria shall not apply to an attempted offender who is not subject to the sentencing criteria;

2. Determination of sentence: Imprisonment with prison labor for a year and six months, and the crime of this case for a year of suspended execution for the defendant shall be friendly at the home of her natives.

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