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(영문) 대구지방법원 2013.09.27 2012고합1491
강간미수
Text

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

For two years, the defendant's information about the defendant is used through an information and communications network.

Reasons

Punishment of the crime

At around 08:50 on May 14, 2007, the Defendant opened a gate that was not corrected in the building of the Daegu-gu Seoul metropolitan building, and opened a string door on the side of the victim D (the age of 21 at that time) who was living on the floor, and talked with the victim's chest by getting out of the string door that occurred on the strings of the victim, the Defendant attempted to rape the victim while the victim was able to commit an act by voluntarily stopping the crime, by putting the string down the string door, forcing the victim into a forced string, leaving the string on the floor, and by putting the victim's chest on the floor, and preventing the victim from resisting.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes concerning D police statements;

1. Article 300 and Article 297 of the former Criminal Act (amended by Act No. 11574, Dec. 18, 2012) applicable to a crime [Provided, That the upper limit of a punishment shall be governed by the main sentence of Article 42 of the former Criminal Act (amended by Act No. 10259, Apr. 15, 2010)];

1. Articles 26 and 55 (1) 3 of the Criminal Act;

1. Article 49 (1) 2 of the Act on the Protection of Children and Juveniles against Sexual Abuse who are ordered to disclose;

1. The defendant and his/her defense counsel's assertion about the defendant and his/her defense counsel under Article 50 (1) 2 of the Act on the Protection of Children and Juveniles against Sexual Abuse against Sexual Abuse, at the time of committing the crime in this case, asserts that the defendant was in a state of mental disorder by stating that he/she was

In order to say that there is a mental disorder by drinking, it may be considered when at least there is a significant obstacle to food, or a spatitual or an abnormal appearance, such as spatitu, etc., due to drinking. At the time of the crime or thereafter, it is possible to memory or think about the criminal act of the person concerned, and symptoms such as a significant disorder, spatitu, etc. of food are symptoms.

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