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(영문) 서울서부지방법원 2015.12.16 2015고합251
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 became final and conclusive.

Reasons

Punishment of the crime

On June 20, 2015, the Defendant: (a) around 05:30 on June 20, 2015, the victim C (the age of 19), a student of Chinese nationality, drinking alcohol together with the victim, E, and drinking alcohol with the victim, E, the victim divings with F’s room; (b) the victim kid, the victim kidsing himself/herself for rape; and (c) off his/her clothes, and exceeded the victim’s panty tytyty, while enjoying the victim’s clothes back to the victim.

The defendant, who tried to request the victim to help " Donnn and Don" while her panty panty is being put up, her bbbbbbbbbbbbbbbbs, her body, put the victim's body into another hand, led the victim to a suppression of the victim's resistance.

After that, the Defendant again tried to she off the victim’s panty, and rape the victim. However, F, who had been locked in the victim’s right of resistance, continued to do so, and was locked in the right of the victim, did not commit an attempted crime by hearing the sound from the locked to the wind of the Defendant and the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to the statement by the police of F and C (1)

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

1. Articles 25 (2) and 55 (1) 3 of the Criminal Act, which are statutory mitigation;

1. Article 62 (1) of the Criminal Act (The following circumstances shall be considered in light of the reasons for sentencing);

1. The proviso to Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from Order to Attend (the defendant is not a foreigner of Chinese nationality, but a foreigner of Chinese nationality is not smooth to communicate with the Korean language, and when this judgment becomes final and conclusive, it seems that the imposition of order to attend lectures is not effective in light of the fact that there is a high possibility of forced departure from the Republic of Korea under the Immigration Control Act. Accordingly,

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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