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(영문) 광주지방법원 2014.09.26 2014고합234
준강간미수
Text

A defendant shall be punished by imprisonment for three years.

However, the execution of the above punishment shall be suspended for five years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On March 22, 2014, the Defendant attempted to rape the victim by putting the victim E (the 37-year-old age), who was drunk in a DNA burgical defense room located in Seo-gu, Seo-gu, Gwangju, on a burging ground, lying the victim’s burgical and panty, cutting off the victim’s burg and panty, cutting off the victim’s burg, cutting the victim’s burg, cutting the victim’s burg, cutting the victim’s chest, cutting the victim’s burg, cutting down the victim’s chest, and resisting the victim’s burg, taking advantage of the victim’s mental disorder or refusing to resist.

Summary of Evidence

1. Any statement made by the defendant in compliance with this Act;

1. Statement made in compliance with the statement of E prepared by the assistant judicial police officer;

1. Application of film-related Acts and subordinate statutes to the cstitele;

1. Articles 300, 299, and 297 of the Criminal Act applicable to the facts constituting an offense;

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) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes;

1. Article 47(1) and Article 49(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes Exempted from disclosure and notification order; Article 49(1) proviso of the Act on the Protection of Children and Juveniles against Sexual Abuse; Article 50(1) proviso of the Act on the Protection of Children and Juveniles against Sexual Abuse does not have any history of being punished for a sex offense; there is no evidence to deem that the instant crime is the realization of habituality against the Defendant’s sexual assault; and it is difficult to readily conclude that the Defendant’s order to disclose and notify personal information is to effectively prevent sexual assault against the child or juvenile and protect the child from such crime. The order is to protect the Defendant’s sexual crime committed against the child or juvenile effectively and to protect the child or juvenile from such crime. The Defendant’s child with certain occupation has any disadvantage and side effect compared to the effect of preventing sexual assault that

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