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(영문) 수원지방법원 안양지원 2013.10.02 2013고합140
준강간미수
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 of the final judgment.

Reasons

Punishment of the crime

At around 01:00 on April 6, 2013, the Defendant: (a) had been engaged in a place to re-easting the victim E (n, 22 years of age) who initially performed drinking, such as the first day, in order to re-easting the victim E (n, 22 years of age). In order to have sexual intercourse with the victim by taking advantage of the victim’s mental disorder or state of refusal to resist; (b) caused the victim’s desire to do so; and (c) caused the Defendant to have sexual intercourse with the victim by taking advantage of the victim’s mental disorder or state of refusal to resist; and (d) committed the crime by voluntarily stopping the crime by committing the

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness E;

1. E prosecutorial statement;

1. Each police statement concerning E and F;

1. Investigation report (verification of the identity of the complainant), one cash receipt for each case, and one investigation report (verification of CCTV images).

1. Application of the Acts and subordinate statutes on CCTV photographs;

1. Articles 300, 299, and 297 of the former Criminal Act (amended by Act No. 11574, Dec. 18, 2012) regarding criminal facts

1. Articles 26 and 55 (1) 3 of the Criminal Act;

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. Article 16(2) of the former Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Amended by Act No. 11556, Dec. 18, 2012; hereinafter “former Act on Special Cases concerning the Punishment, etc. of Sexual Crimes”)

1. Determination as to the defendant and his defense counsel's assertion in light of the following: (a) the proviso to Article 37 (1) and the proviso to Article 41 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes exempted from disclosure order and notification order (the defendant is the first offender; (b) the social ties are clear; and (c) the crime of this case was committed on a contingent basis; and (d) there are no circumstances to deem that the defendant's personal information could not be disclosed or notified to the public

1. The summary of the assertion is that the defendant has sexual intercourse with the victim.

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