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(영문) 수원지방법원 안양지원 2017.07.21 2017고합13
강간미수
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

The defendant shall be ordered to complete the sexual assault treatment program for 40 hours.

Reasons

Punishment of the crime

On January 1, 2017, the Defendant 19:10, at the front of the D bicycle lane near the Mayang-gu, Ansan-gu, the Defendant 1, 2017, she saw the victim E (name, life, age, 24) who was seated, her seated, her seated, her seated, her seated, her seated, her seated, led the Defendant to commit an indecent act, and followed the victim.

The defendant shows his sexual organ to the victim, and shows that the victim "I am....." The defendant spreads it to the victim's clothes, "I am......." and "I am........ we do not am......... we do am....

"...........................

Accordingly, the Defendant committed an indecent act on the part of the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. The legal statement of the witness E;

1. Investigation report (related to confirmation of arrival at the time of committing the crime);

1. A detailed statement of the processing of reported cases;

1. Application of Acts and subordinate statutes to photographs at occurrence site;

1. Relevant Article 298 of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

1. The main sentence of Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order (Amended by Act No. 14412, Dec. 20, 2016)

1. Article 47(1) and Article 49(1) proviso to Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from an order to disclose or notify, and Article 50(1) proviso to Article 50 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse (the Defendant’s age, occupation, family environment, social relative relationship, benefits and prevention effect expected from the disclosure order or notice order of this case, disadvantages and side effects incurred therefrom, registration of personal information of the Defendant, and sexual assault treatment programs, which can prevent recidivism by the Defendant;

Comprehensively taking into account various circumstances, there are special circumstances in which the disclosure or notification of personal information of the defendant should not be made.

If a conviction is finalized on the criminal facts in the judgment of the defendant who is registered with new information, the defendant is punished for sexual crimes.

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