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(영문) 광주지방법원 2014.07.02 2014고합208
강간미수
Text

Defendant shall be punished by imprisonment for a term of one year and six months.

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

[criminal power] On May 16, 2014, the Defendant was sentenced to a suspended sentence of one year of imprisonment for embezzlement, etc. at the Gwangju District Court, and the judgment became final and conclusive on May 24, 2014.

【Criminal Facts】

On February 2, 2014, 23:50 Gwangju Nam-gu C Apartment 205 Dong 1104, the Defendant laid down the shoulder part of the victim D (inns, 42 years of age) in the room floor by putting them down on the victim’s body, coercing other victim’s resistance against the body of the victim, and attempted to rape the victim by getting off the victim’s her will and panty, but the Defendant attempted to commit rape. However, the Defendant attempted to commit an attempted rape by stating that “the victim is in the middle of her birth.”

Summary of Evidence

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

1. The statement made in compliance with the statement prepared by the prosecutor;

1. The statement written by the assistant judicial police officer and each statement written in conformity with D's protocol of statement (3 times);

1. Previous convictions in judgment: Application of each of the Acts and subordinate statutes appropriate therefor, in a copy of the Decision of the Gwangju District Court 2014 High Court 808, an investigation report prepared by the Assistant District Prosecutors' Office assistant public prosecutor's office (final report on suspect embezzlement case

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

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

1. Mitigation of discretionary mitigation under Articles 53 and 55(1)3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Article 62 (1) of the Criminal Act (The following consideration shall be repeated in favor of 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) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from an order to disclose or notify, the proviso to Article 49(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, the Defendant shall pay the child support to the victim and his/her children

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