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(영문) 인천지방법원부천지원 2020.10.16 2020고합174
강간미수
Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

From December 2015 to early 2016, the Defendant was a person who had a relationship with the victim B (the victim’s name, female, 28 years of age).

1. Around 11:00 on April 16, 2020, the Defendant was divingd at the bed room of the victim’s house located in Seocheon-si, Seocheon-si, the Defendant tried to put the victim’s knife his knife his knife his knife his knife his knife on the bed, forced his knife his knife his knife his knife on the bed, and forced his knife his knife his knife on the bed, and attempted to put his knife his knife his knife his knife into his knife with his hand.

2. At around 18:00 on April 16, 2020, the Defendant tried to put the victim’s body into the Defendant’s body by putting the son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son.

The Defendant continued to bring the victim’s sexual intercourse to the victim’s entrance, and then brought dancing, and attempted to do so. However, the Defendant did not bring the victim’s sexual intercourse to the victim’s resistance and attempted to do so, such as refusing to do so and harming the face of the victim.

Summary of Evidence

1. Application of the police's protocol of statement B to the defendant's legal statement, on-site photographic appraisal document;

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

1. Article 25 (2) and Article 55 (1) 3 of the Criminal Act for mitigation of attempted crimes;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act (aggravating concurrent crimes with the punishment prescribed in paragraph (2) of the same Article which is heavier than the criminal administration);

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Suspension of execution;

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