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(영문) 인천지방법원 2018.09.07 2018고합470
강간미수
Text

A defendant shall be punished by imprisonment for not less than 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

The Defendant visited the “D” located in Seo-gu Incheon, which is a customer, and the victim E (the life expectancy, the age of 58) is a person who works for a singing club as an employee.

At around 21:30 on November 3, 2017, the Defendant attempted to rape the victim by cutting the victim’s panty, inserting the victim’s shoulder and arms in his/her hands, cutting the victim’s shoulder and arms into his/her hands, preventing him/her from driving. On the part of the victim, the Defendant continued to do so by inserting the victim’s panty, inserting the victim’s panty, inserting the Defendant’s sexual organ into the victim’s sexual organ, and inserting the victim’s sexual organ into the victim’s sexual organ. However, the Defendant attempted to rape the victim by resisting the Defendant with his/her body and pushing the Defendant.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. A written statement of E;

1. Responses to a request for appraisal;

1. Application of Acts and subordinate statutes to a report on investigation (request for appraisal of other amount, request for appraisal of collecting DNA and other amount, response to result of appraisal);

1. Articles 300 and 297 of the Criminal Act concerning the facts constituting the crime;

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1. Article 62 (1) of the Criminal Act on the suspended execution (Article 62 (1) of the Criminal Act on the following grounds for sentencing);

1. The main sentence of Article 16 (2) and Article 16 (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes under Order to provide community service and attend lectures;

1. Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from an order to disclose or notify information, the proviso to Article 49(1) and the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse (which does not have the record of punishment for a sex offense, so it appears that the defendant can have the effect of preventing re-offending even by an order to register personal information of the defendant against the defendant and attend a lecture for treating sexual assault since the defendant did not have the record of punishment for a sex offense). In addition, due to the defendant's age, environment, social bond, family relationship

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