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(영문) 대구지방법원 2018.10.05 2018고합258
강간미수
Text

A defendant shall be punished by imprisonment for two years.

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 January 10, 2018, from around 18:00 to 21:00 on the same day, the Defendant saw two vehicles to the victim E (n, 31 years old) of entertainment reception reception reception reception reception reception reception reception reception reception reception reception reception reception reception reception reception reception reception reception reception reception reception reception reception reception reception reception reception reception reception reception reception reception reception reception reception reception reception reception reception reception reception reception reception reception reception reception reception reception reception reception reception reception reception reception reception reception reception reception reception reception reception reception reception reception reception reception reception reception reception reception reception reception reception reception reception reception reception reception reception reception reception reception reception reception reception reception reception reception reception reception reception reception reception reception reception reception reception

Accordingly, the Defendant, at around 21:30 on the same day, attempted to rape when knee and knee and panty in a single knee and knee in which the victim was knee and knee and knee in a single knee in a single knee 306 Gele in 21:30 on the same day, the key and knife of the victim, the knife and the knife knife knife knife knife knife knife knif.

Accordingly, the Defendant did not commit rape by assaulting the victim, but did not commit an attempted crime.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the interrogation of suspects of E;

1. On-site photographs;

1. The application of Acts and subordinate statutes to record recording recording (record recording of conversation between the Parties);

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, which is statutory mitigation;

1. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. The main sentence of Article 16 (2) and the main sentence of Article 16 (4) of the Act on Special Cases concerning the Protection and observation, the Punishment, etc. of Sexual Crimes;

1. Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from the Public Disclosure and Notice Orders and Employment Restriction Orders, 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, the proviso to Article 50(1) of the former Act on the Protection of Children and Juveniles against Sexual Abuse (Amended by Act No. 15452, Mar. 13, 2018); Article 56(1) proviso to Article 56 of the former Act on the Protection of Children and Juveniles against the Defendant.

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