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(영문) 대구지방법원 김천지원 2017.10.17 2017고합68
강간미수
Text

The sentence against the accused shall be determined by one year and six months of imprisonment.

However, the above sentence shall be executed for a period of three years from the date this judgment became final and conclusive.

Reasons

Criminal facts

On May 27, 2017, at around 02:00, the Defendant reported the victim D (the age of 34) who was under influence of alcohol on the side of the Guro-si apartment (the age of 34) and thought to rape the victim, followed by the victim's behind the latter, followed by the victim. On the other hand, the Defendant led the victim's hand who was under influence of the elevator to the latter apartment of 101.

The Defendant, while making a talk with the victim, was sitting in a bees with the victim, went beyond the bees of the victim's own victim, and she was frightened one time on the part of the victim, and tried to get off the part of the victim's sexual organ, and put the victim's sexual organ into the part of the victim's sexual organ, but the victim she saw off the victim's secret name while she resisted the victim's secret, she saw the victim's husband she saw the victim's sound from the beesa and escaped to the part of the victim's sexual organ.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to D or E;

1. Application of the investigation report (CCTV Analysis and Investigation, and Confirmation of CCTVs in C) Acts and subordinate statutes;

1. Relevant Articles 300 and 297 of the Criminal Act concerning a crime (a person who has attempted rape);

1. Articles 53 and 55(1)3 of the Criminal Act (the following sentencing shall be considered in consideration of the conditions favorable to the attention) of the mitigated amount;

1. Article 62 (1) of the Criminal Act on the suspension of execution (The following sentencing has been repeated for a favorable reason):

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. Comprehensively taking account of the Defendant’s age, family environment, social ties, crime history (no record of any sexual crime) and risk of recidivism as indicated in the record, Defendant’s attitude after the instant crime, and other various circumstances, such as the benefits and effects expected by the instant disclosure order or notification order, and the disadvantages and side effects therefrom.

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