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(영문) 수원지방법원 성남지원 2016.03.24 2015고합296
강간미수등
Text

Defendant shall be punished by imprisonment for a term of 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

The defendant first met the victim D (here, 20 years of age) who was sexually sexually sexually sexually sexually friendly in the workplace, on the day of the case.

1. On October 24, 2015, the Defendant committed an indecent act by compulsion, such as: (a) the Defendant committed an indecent act, at around 01:09, in a “F sing on the fiveth floor of the E Building,” the Defendant committed an indecent act, such as: (b) the Defendant: (c) committed an indecent act by using the victim’s chest while playing together with his and her daily activities, such as workplace-to-work G, etc.; and (d) the Defendant sing away from the victim; and (c) committed an indecent act by using the victim’s chest

2. On October 24, 2015, the Defendant attempted to rape the victim at Hlelec vehicle located near the Defendant’s road located in front of the instant “F” with a new wall around October 24, 2015, saying, “I will move to the house,” and put the victim into the back seat, put him on the front door, put him on the back, hold him on the top, and hold him on the top, put the left part of the victim into the chest, collect his finger again, put him in the panty, collect his finger, and continuously exempted the victim’s finger, and even if the Defendant tried to rape, the Defendant did not have attempted to have the victim interfered with the rape by force by means of shocking and pushing the victim, and did not commit an attempted rape.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of Acts and subordinate statutes to a report on investigation (with regard to the date and place of crime);

1. Relevant Article of the Criminal Act and Article 298 of the Criminal Act (the point of compulsory indecent act, the choice of imprisonment), Articles 300 and 297 (the point of attempted rape) of the Criminal Act concerning the crime;

1. Reduction of an attempted punishment: Article 25(2) and Article 55(1)3 of the Criminal Act (limited to an attempted rape);

1. The aggravated punishment for concurrent crimes under the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (an aggravated punishment for concurrent crimes prescribed in the attempts to commit more severe rape);

1. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. The main sentence of Article 16 (2) and Article 16 (4) of the Act on Special Cases concerning the Protection and Observation and the Punishment, etc. of Sexual Crimes against Sexual Crimes;

1. The punishment, etc. of sexual crimes exempted from disclosure orders and notification orders;

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