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(영문) 춘천지방법원 2019.08.30 2019고합37
강간미수
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The punishment of the accused shall be determined by two years of imprisonment.

However, for three years from the date this judgment becomes final and conclusive, the sentence shall be executed.

Reasons

Punishment of the crime

[Basic Facts] The defendant is working in the Dispute Resolution Co., Ltd., and is a person in charge of the field management of the aggregate construction of Gangnam-si Factory Construction C, and the victim D who is China is working in the field of the construction.

【Criminal Facts】

The Defendant: (a) had the victim paid an officetel F, which is located in Gangseo-si, Gangnam-si, where the Defendant used as a lodging room at the scene; (b) had the victim sexual intercourse with the victim; (c) had the victim take care of the officetel F around 15:00 on January 7, 2019; and (d) had the victim take care of the object used by him by G; (c) had the victim take care of F; and (d) had the victim take care of F; and (d) had the victim take care of the victim, and (e) had the victim take care of the victim at the scene, and had the victim take care of F around 20:40 on the same day, and tried to have the victim take care of the victim’s hand with his hand; (d) had the victim take care of his hand; and (e) had the victim take care of the victim’s sexual intercourse with his hand; and (e) tried to have the victim take care of the victim’s resistance to his port by taking the victim’s hand out the victim’s name.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes concerning police statements made to victims D;

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

1. Article 25 (2) and Article 55 (1) 3 of the Criminal Act for mitigation of attempted crimes;

1. Article 62 (1) of the Criminal Act;

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

1. Article 47 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from disclosure and notification orders.

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