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(영문) 수원지방법원 안산지원 2014.07.18 2014고합183
강간미수
Text

1. The defendant shall be punished by imprisonment with prison labor for one and half years;

2.Provided, That the above punishment shall be executed for two years from the date this judgment becomes final and conclusive;

Reasons

Punishment of the crime

At around 15:15 on April 19, 2014, the Defendant: (a) while drinking alcohol with D and E (n, 28 years of age) known to D and E (n, in the house of Ansan-si, the Defendant: (b) was under the influence of alcohol; (c) went out of the other people; and (d) said that the victim attempted to go out of the lock or house, “I are about to go out of the lock;” and (d) said that the victim would go out of the lock and go out of the lock; (c) caused the victim by putting the arms of the victim to go out of the door; (d) prevented the victim from leaving the door by suppressing the victim by force, thereby preventing the victim from resisting; (d) said, the Defendant did not resist; and (d) said, she did not go out of the wind of the victim; (d) said, she did not have to have sexual intercourse with the victim; and (e) said, she did not have any attempted sexual intercourse with the victim.

Summary of Evidence

1. Defendant's legal statement;

2. Application of Acts and subordinate statutes on police statement to E;

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

2. Statutory mitigation under Articles 25 (2) and 55 (1) 3 of the Criminal Act;

3. Article 62 (1) of the Criminal Act;

4. Article 16 (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes against Probation and Social Service Order;

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

6. Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from an Disclosure Order and an Notification Order; 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 appears to have committed the crime of this case in an impulse, probly and probly. The crime is committed in the attempted crime; the victim sought a letter from the victim after his/her death; the victim has no record of punishment for sexual crimes; the defendant's age, occupation, family relationship, and the defendant.

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