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(영문) 부산지방법원 2015.12.18 2015고합543
강간미수
Text

A defendant shall be punished by imprisonment for not more than ten months.

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

On July 11, 2015, at around 20:40 on July 20, 2015, the Defendant: (a) drinked with the victim E (n, 24 years of age) who was a manufacturer of one’s university; (b) entered the bet room; and (c) brought the victim into the bet room; and (d) brought the victim in the betly, in a timely manner to rape the victim; (b) interfered with the victim by using the victim in the bet room in the bet room; and (c) prevented the victim from taking part in the bet and resisting the victim; and (d) the Defendant refused to take part in the part of the victim; and (e) the Defendant attempted to take part in the victim’s getting out of the bet room, and did not bring the victim’s back to the bet.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of E, F, and G;

1. A complaint filed by E and field map;

1. Copy of a Kakao Stockholm photograph;

1. Application of Acts and subordinate statutes on details of handling 112 Reporting Cases;

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

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

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 62 (1) of the Criminal Act (The following consideration shall be made again for the reason of sentencing);

1. The main sentence of Article 16 (2) of the Act on Special Cases concerning 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 disclosure and notification orders; Article 49(1) proviso of the Act on the Protection of Children and Juveniles against Sexual Abuse; Article 50(1) proviso of the Act on the Protection of Children and Juveniles against Sexual Abuse; the Defendant’s personal information is disclosed, taking full account of the following circumstances, such as the Defendant’s favorable circumstances deemed to have no record of sexual crime, and the circumstances leading to the instant crime.

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