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(영문) 대구지방법원 포항지원 2018.01.11 2017고합99
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On October 14, 2017, the Defendant: (a) attempted to engage in sexual intercourse with the victim E (here, 35 years of age) who was an employee of the multiple-faceted telecom 216 who delivered a beverage in South-gu, Nam-gu, Nam-gu; (b) attempted to engage in sexual intercourse with the victim’s body and her clothes; (c) attempted to engage in sexual intercourse with the victim, but, (d) attempted to stop by himself/herself to stop doing so.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Application of Acts and subordinate statutes to a criminal investigation report (the details of receipt of a report and the situation as at the time of dispatch), investigation report (to hear statements of a victim);

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

1. Mitigation of attempted punishment: Articles 26 and 55 (1) 3 of the Criminal Act;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Attend;

1. Comprehensively taking into account the following circumstances: (a) 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; (b) Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes; and (c) the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse (with no history of criminal punishment against the Defendant for sex crimes; and (d) the sexual crime of this case is not an offense against unspecified women; and (e) the Defendant’s age, family environment, social relationship, degree of risk of recidivism; (e) profits expected by the order to disclose or notify the disclosure of this case; and (e) disadvantages and side effects therefrom; and (e) the registration of personal information

there are special circumstances in which disclosure of the personal information of the defendant shall not be disclosed.

The reason for sentencing

1. The scope of punishment by law: Imprisonment; and

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