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(영문) 울산지방법원 2014.04.25 2014고합20
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 has been aware of the victim C(n, 40 years of age) and the prior to this.

On January 10, 2014, at around 23:20, the Defendant, along with the Defendant, tried to fright the victim to drink and return home together with the Defendant at the front of the victim’s house in Ulsan-gu D, Ulsan-gu, U.S.A., and attempted to stop down by resisting the victim’s door by resisting the victim’s knife, and breaking off the victim’s door, but the victim, under the influence of alcohol, tried to open the front door of the said residence and open the front door of the said residence, she went beyond the floor of the victim’s door, and raped with the victim’s door. However, the victim’s “Isday” was cut off to E, who was frighting with sound, and did not commit it.

Summary of Evidence

1. Defendant's legal statement;

1. Application of each police protocol of statement to C and E;

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

1. Articles 25 (2) and 55 (1) 3 of the Criminal Act;

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. The main sentence of Article 62-2 (1) and (2) of the Criminal Act on Probation;

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

1. The reason for sentencing is that the defendant's personal information is not disclosed or notified in full view of all the circumstances, including the fact that the defendant has no record of being punished for a sex crime, and that the risk of re-offending can be lowered due to attending a sexual assault treatment course in light of the defendant's character and behavior, etc.

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