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(영문) 인천지방법원 2016.11.18 2016고합472
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

At around 23:00 on November 21, 2015, the Defendant first known of the Victim F (n, 50 years of age) from Bupyeong-gu Incheon, Bupyeong-gu C, Incheon, and she drinking together with the Victim F (n, 50 years of age). On November 22, 2015, the Defendant stated that the business hours of the said Ho F F F F F F F F F F F F F F F F F F F F F F F F F F would be “the Victim who was diving with his own house in Jung-gu, Incheon.” On November 22, 2015, the Defendant took the Victim from the Defendant’s house located in Bupyeong-gu, Bupyeong-gu, Incheon, to take care of the Victim while enjoying the Victim from the Defendant’s invasion.

At around 03:00 on November 22, 2015, the Defendant was faced with the chest of the victim who was divingd at the bed of the above Defendant’s bank, and the victim was shouldered at the bed or hacked, “I do not want to do so....................................., the Defendant intending to break out the victim’s face by drinking going on the body of the victim 5-6 times, and divided the victim’s hand by 5-6 times, and both hand, and knife the victim’s knife and panty, and put his sexual organ into the part of the victim’s sound, but the victim did not resist and resist it.

Accordingly, the defendant attempted to rape the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Examination protocol of the accused by prosecution;

1. A statement made in the victim F stenographic records;

1. Application of Acts and subordinate statutes to each gene appraisal statement;

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

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

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

1. Where a conviction becomes final and conclusive on the facts constituting a sex offense subject to the registration of personal information under Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, the Defendant constitutes a person subject to registration of personal information pursuant to Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and the personal information is provided to the competent agency

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