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(영문) 광주지방법원 2018.06.01 2018고합155
준강간미수
Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Criminal facts

The defendant was temporarily residing in the family of the victim C (n, 23 years old) at the same time.

around 06:00 on January 17, 2018, the Defendant, within the residence of the victim in Gwangju Mine-gu D 301, intended to enter the victim’s body under the influence of alcohol, and to engage in sexual intercourse with panty in a panty, but the Defendant did not strongly resist the victim, such as her growth, and failed to achieve that purpose.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of the police statement protocol law to C

1. Articles 300, 299, and 297 of the Criminal Act concerning the facts constituting an offense;

1. Mitigation of attempted punishment: Articles 25(2) and 55(1)3 of the Criminal Act;

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. The main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Attend;

1. Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from an order to disclose or notify information, 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 possibility of recidivism by the Defendant’s sexual crime, the degree and expected side effects of the Defendant’s disadvantage due to an order to disclose or notify the information, the preventive effect of the sexual crime subject to registration that may be achieved due to such order, and the effect of protecting the victims from the sexual crime subject to registration, there are special circumstances in which the Defendant may not disclose or notify personal information to the public;

I think)

Reasons for sentencing

1. The scope of applicable sentences under law: Imprisonment for nine months to seven years; and

2. Application of the sentencing criteria: The sentencing criteria shall not apply to the attempted quasi-rape;

3. Determination of sentence: One year of imprisonment, and two years of suspended sentence, the crime of this case shall be directed toward the defendant's living together temporarily with the victim;

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