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(영문) 수원지방법원 2017.11.30 2017고합538
강간미수
Text

A defendant shall be punished by imprisonment for two years.

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

Reasons

Punishment of the crime

Defendant

A (the remaining, the age of 24) and the victim D (the age of 22) are fested with her friend, known to him more than one year prior to the introduction of friend. The Defendant, at the residence of the Defendant at Suwon-si, Suwon-si, 6107 Dong 2502 on May 28, 2017, at the residence of the Defendant, at the residence of the victim D and E, and f, known to him for one year before her home, and the victim D and f, coming back to her home, after she went home with the victim D and f, her home with her home and her home with her home with the victim, her body was frighted, she was frighted with the victim's body, she was frighted with the victim's breast, she was frighted with the victim's body, and she was frighted on the back of the victim.

The victim was off panty and tried to rape in a state where her panty, and the victim was spantyed by her hand, and the escape was not achieved by the wind.

Accordingly, the defendant attempted to rape the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of Acts and subordinate statutes to the investigation report (Scelle verification of convenience points);

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 favorable circumstances):

1. Article 62 (1) of the Criminal Act (The following favorable circumstances):

1. Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to attend a lecture;

1. In full view of the Defendant’s age and environment, the type, motive, process, consequence, and seriousness of the instant crime, relationship between the Defendant and the victim, the degree of disadvantage and anticipated side effects of the Defendant’s entry due to the disclosure order or notification order, the preventive effect of the sexual crime subject to registration that can be achieved, the protection of the victim, etc., Articles 47(1) and 49(1) proviso of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, and Articles 49(1) proviso and 50(1) proviso of the Act on the Protection of Children and Juveniles against Sexual Abuse.

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