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(영문) 의정부지방법원 고양지원 2019.10.01 2019고합163
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Around 04:00 on November 6, 2018, the Defendant living together with the victim D (here, 47 years of age) who she she she she was living in Seoyang-gu Belc, Goyang-gu, Goyangyang-gu for about five months, and sought adjudication, but the Defendant refused or attempted to leave the victim, pushed the victim's body by hand, pushed the victim's her hand over his/her her knife with his/her knife his/her knife, and tried to rape the victim by suppressing the victim's knife his/her knife with both knife, and attempted to rape the victim, but the Defendant did not commit an attempted crime without having the victim her strong resistance.

Summary of Evidence

Articles 25(2) and 55(1)3 main text of Article 62(1) and Article 16(3) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed by Defendant’s Court Statement D (including clothes worn by the victim at the time of damage and all attached documents) concerning the criminal facts subject to statutory application of the relevant Act and subordinate statutes, Articles 47(1) and 49(1) of the Act on the Protection of Children and Juveniles from Sexual Abuse, the proviso to Article 49(1), the proviso to Article 50(1), the proviso to Article 59-3(1) of the Act on Welfare of Persons with Disabilities, the proviso to Article 59-3(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed by Defendant’s Court Statement D, and Article 56(1) of the Act on Special Cases concerning the Punishment, etc. of Child and Juveniles from Sexual Crimes, and the general effect of the victim’s order of re-offending cannot be readily concluded against the victim’s general and unspecified sexual crime.

1. One year and six months to fifteen years from the date of imprisonment with prison labor within the applicable range of punishment by law;

2. The sentencing criteria shall be based on; and

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