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(영문) 수원지방법원 여주지원 2014.09.04 2014고합44
준강간미수등
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

1. The Defendant, at around 03:00 on May 17, 2014, tried to 505 rooms of the D hotel in E (n, 19 years old) in E (n, 19 years old) and F (n) to have sexual intercourse with the victim, who diversed to have sexual intercourse with the victim, without having lockedly humbly humping at the victim’s 505 room located in E (n, 19 years old) in E (n, c., E) and F (n) to have spanched, spanch the victim’s span, span, spanch the span, spanch the span, and inserting the finger into the victim’s spanch. However, the Defendant was unable to have

Accordingly, the defendant tried to have sexual intercourse with the victim who has been in a state of loss or impossibility to resist but failed to do so.

2. In the date, time, and place mentioned in paragraph 1, the injured Defendant suffered from the Victim F (Nam, 19 years of age) who was broken in diving to the act described in paragraph 1 from the victim F (ma), making it possible for the Victim F to take the face part of the victim as a drinking, and suffered from injury, such as the victim's chest, franchising, franchising, etc., for about 28 days to the victim when taking part in the victim's chest and franchising part.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of E and F;

1. Application of Acts and subordinate statutes of the injury diagnosis certificate;

1. Relevant provisions of the Criminal Act and Articles 300, 299, and 297 of the Criminal Act concerning the facts constituting an offense, and Article 257 (1) of the Criminal Act concerning the choice of punishment (the point of injury and the choice of imprisonment);

1. Articles 25(2) and 55(1)3 of the Criminal Act for statutory mitigation (the crime of attempted quasi-rape and attempted quasi-rape)

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act [limited to the sum of the long-term punishments of both crimes]

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. The main sentence of Article 16 (2) and (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes against Social Service and Order to Attend Courses

1. Article 47 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from disclosure orders and notification orders;

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