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(영문) 수원지방법원 안산지원 2016.07.08 2016고합59
강간미수
Text

A defendant shall be punished by imprisonment for not less than two years and six months.

To order the accused to complete a sexual assault treatment program for 120 hours.

Reasons

Punishment of the crime

On February 11, 2016, in the vicinity of the apartment building E-gu Ansan-si, Ansan-si, the Defendant stated the following as the “F (n, 32 years of age) of drunked victim F (n, 32 years of age) and entering the said commercial building, and followed the victim by mind that he/she would rape the victim, and the victim was pushed the body of the victim by being pushed the body of the victim by being pushed the body of the victim in his/her hand, and the victim's face cannot be resisted by making the victim's face known to the body of the victim, and then the Defendant cannot resist the victim by making the victim's face known to the victim. In the instant indictment where the Defendant tried to see the victim's will by raising his/her name and gathering his/her finger, the Defendant stated that the Defendant “I am a sound book” in this court's statement and prosecutor's statement (the direction of investigation records No. 130 of the victim's investigation records). However, according to the above facts, the Defendant is insufficient to recognize as mentioned above.

While intending to put the hand into a panty, it was not possible to bring the victim's secret, but to bring the victim's secret to an attempted attempt.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness F and G;

1. Application of video-related Acts and subordinate statutes contained in CCTV video files (No. 27 No. 5 of the evidence list);

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

1. Mitigation of attempted punishment: Articles 25(2) and 55(1)3 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 Committed to Order;

1. Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from disclosure and notification order of registered information, proviso of Article 49(1) and proviso of Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse - The Defendant appears to have committed the instant crime contingently, the instant crime is committed against the attempted crime, and the Defendant was punished for suspended sentence due to the commission of sexual trafficking, but the Defendant was a direct sexual crime accompanying tangible power.

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