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(영문) 대전지방법원 서산지원 2020.04.22 2019고합107
강간미수
Text

A defendant shall be punished by imprisonment for not less than one year and six 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 June 6, 2019, at around 00:20, the Defendant: (a) was aware of the victim C (n, 24 years of age) and sexual dialogues with the victim who was sitting behind the left part of the back part of the victim; (b) was placed at the right part of the victim; (c) continued to leave the victim's body on the floor; (d) was placed on the part of the victim's body; and (d) turned the victim into the part of the victim's body; and (e) was cut down under the broding, the Defendant attempted to rape the victim's chest, she was cut down under the bruging line, which was turned out of the part of the victim's body; and (e) tried to commit rape, but the victim did not have the right part of the victim's chest, and did not have the escape out of the Defendant's residence.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement made by the prosecution against C (tentatively named);

1. The second police statement against the defendant;

1. Each police statement made to C (tentatively named);

1. Records of seizure and the list of seizure;

1. A table for a request for appraisal (2019-C-4578);

1. Application of Acts and subordinate statutes governing the 112 Reporting Case Handling Table;

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

1. Article 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation (i.e., circumstances favorable to the following reasons for sentencing):

1. Article 62 (1) of the Criminal Act (recognition of the favorable circumstances among the reasons for sentencing following the suspended sentence);

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

1. Articles 47(1) and 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from disclosure and notification orders, the proviso to Article 49(1), the proviso to Article 50(1), the proviso to Article 56(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, Article 2 of the Addenda to the Act on Welfare of Persons with Disabilities (Act No. 15904, Dec. 11, 2018), Article 59-3(1) proviso to Article 59-3(1) of the Act on Welfare of Persons with Disabilities, and an employment restriction order shall be prudently imposed on the accused.

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