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(영문) 인천지방법원 부천지원 2016.01.15 2015고합259
강간미수
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

To order the accused to complete 80 hours of sexual assault treatment programs.

Reasons

Punishment of the crime

On September 12, 2015, the Defendant, at around 00:10, tried to rape on the part of the victim E (the 52-year-old) prior to the second floor of the drinking house “D” located in Kimpo-si, Kimpo-si, without opening this door, found the Defendant in the front of the toilet door, and found the Defendant, promptly closed the door, and she was able to rape the victim. The Defendant attempted to rape on the part of the victim by opening the toilet door and waiting for the victim in the front of the toilet door, and prevented the victim from resisting the victim by taking the part of the victim’s hand with the victim’s hand, and then, attempted to commit rape on the part of the victim, but the victim was hickly resisted with the wind, and the Defendant did not commit the attempted rape on the part of the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes of police statement protocol to E;

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

1. In full view of the following circumstances: (a) Articles 47(1) and 49(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes Exempted from the Disclosure Order and Notice Order; (b) Articles 49(1) proviso and the proviso of Article 50(1) proviso of the Act on the Protection of Children and Juveniles against Sexual Abuse; (c) Article 50(1) proviso of the Act on the Protection of Children and Juveniles against Sexual Abuse; (d) the Defendant’s age and occupation; (e) type and motive of the crime; (e) the process and consequence of the crime; (e) the existence of the same electric power and the risk of repeating a crime; (e) the disclosure order and notice order; (e) the degree of disadvantage and anticipated side effects of the Defendant’s injury caused by the disclosure order; and (e) comparative

If a conviction is finalized due to a crime committed in the judgment on the registration of new information, the defendant is punished for sexual crimes.

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