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(영문) 대구지방법원 김천지원 2013.10.25 2013고합98
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 July 4, 2013, at around 08:40 on July 4, 2013, the Defendant had the victim D (at, 70 years of age) working in the “E” restaurant where the victim D (at, 70 years of age) was in the city of Kimcheon-si, she had the victim her desire to see and rape the victim.

The Defendant, at that place, prevented the victim from resisting within a canter from departing from the later side. After gathering his fingers into the victim’s body, he met the chest several times by gathering his fingers into the victim’s body, she has the part of the victim’s her fry, with his panty, and her fingers into the part of the victim’s panty, and her fingers in several times by gathering his fingers into the part of the victim’s panty, and her fingers into the part, and her son she frys the victim’s body and resists the victim’s body with her body, and then she met with the victim’s sex part of the part of the victim’s body. However, the Defendant attempted to put the Defendant’s sex into the part of the victim’s body, but she did not have attempted to her body while having her body frighted, she did not come into the victim’s body.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of Acts and subordinate statutes to police investigation reports (on site photographs and photographs taken again);

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

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

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

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

1. Article 47 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and Article 49 (1) 2 of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. Article 49(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, and Article 50(1)2 of the Act on the Protection of Children and Juveniles against Sexual Abuse, the defendant, who has agreed with the victim, is not subject to the punishment of the defendant.

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