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(영문) 대전지방법원 홍성지원 2018.05.03 2018고합8
준강간미수
Text

A defendant shall be punished by imprisonment for not more than ten 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 December 25, 2017, the Defendant: (a) discovered the victim E (a) under the influence of alcohol from D’s drinking house located in Boan-si, Boan-si on the way from around 23:15, the Defendant committed an offense on his own on the ground that: (b) discovered the victim E (a) under the influence of alcohol, indicating the victim’s identification; (c) was followed by the victim; (d) 23:25 on the same day of the Fluence distance from the day on which the victim was living in the taxi; and (d) tried to remove the victim’s clothes in a non-fluened state while under the influence of alcohol, and inserting the victim’s cell phone from the victim’s cell phone over several occasions, and followed the victim.

Accordingly, the defendant attempted to have sexual intercourse with the victim by taking advantage of the impossibility of resistance.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to H, E, and I;

1. Each investigation report (report on mobilization status and confirmation as to whether the suspect has reached an agreement);

1. On-site photographs;

1. Storage CDs, main CCTV USB;

1. Application of the existing Acts and subordinate statutes of one Red Sea (OO No. 1) of the mixed Sea (O. 1);

1. Articles 300, 299, and 297 of the Criminal Act concerning the facts constituting an offense;

1. Article 26 and Article 55 (1) 3 of the Criminal Act to mitigate attempted suspension;

1. Articles 53 and 55(1)3 of the Criminal Act (see, e.g., Supreme Court Decisions 53 and 55(1)3 (see, e.g., Supreme Court Decision 200

1. Article 62 (1) of the Criminal Act on the suspended execution (Article 62 (1) of the Criminal Act on the following grounds for sentencing);

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. Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from an disclosure order and a notification order, the proviso to Article 49(1) and the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse (the Defendant has no record of criminal investigation or criminal punishment before committing the instant crime).

It is possible to prevent the defendant from repeating the crime even by taking part in the registration of personal information on the defendant and taking part in sexual assault treatment.

I seem to appear.

. Other defendant.

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