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(영문) 울산지방법원 2016.06.17 2016고합109
강간미수
Text

Defendant shall be punished by imprisonment for a term of 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 13, 2015, around 18:37, the Defendant discovered the victim D (in this case, 21 years of age) who passed the place at the bus stops in Yangsan-si, Yangsan-si, the Defendant tried to find out the victim D (in response to about 400 meters in mind to rape the female. On the same day, around 18:40 of the same day, the Defendant tried to keep the victim kept down on the floor of the victim with left hand so as to keep the kept down between the damaged party’s bridge, and to keep the victim kept up, but the Defendant attempted to rape the victim by stating that the victim “as soon as the kick,” she saw the victim’s face two times as drinking, but did not go against the Defendant’s attempted to resist the victim by taking a frighten, which the victim sawd.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of CCTV photographs (Evidence No. 46-56 pages)-related Acts and subordinate statutes;

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

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. Where a conviction becomes final and conclusive on the facts constituting the crime indicated in the judgment on the registration of personal information under Articles 16(2) and 16(4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, the accused is a person subject to registration of personal information under Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and thus, the accused is obligated to submit personal information to the competent agency pursuant to Article 43

The disclosure order and disclosure order of registered information to be exempted from disclosure order and notification order need to be careful because they could have a significant influence on the defendant, and there is no record that the defendant has been punished for sexual assault crime and thus there is a risk of recidivism or recidivism of sexual assault.

It is difficult to conclude this case. In this case, the punishment prescribed by this Court shall be registered, and the treatment of sexual assault shall be taken.

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