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(영문) 서울중앙지방법원 2019.09.27 2019고합592
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

On June 20, 2019, at around 01:10, the Defendant discovered the Handphone, found the victim C (the name of the victim, the 23 years old), who is mixed with the victim, and forced the victim to take the knife at the entrance of the above building, leading the victim's knife in the front of the building located in Gangnam-gu Seoul, and forced the victim to take the knife, knife the knife, knife the knife, knife the knife, knife the knife of the knife, and forced the victim.

The Defendant continued to attract the victim to the stairs between the first and second floor of the above building, and has threatened the victim's timber on several occasions, such as threatening the victim's timber, "no death shall be caused by her," and then tried to have sexual intercourse with the victim by inserting his hand into the victim's right bridge, her amb, and the chest part of his chest, but the victim tried to have sexual intercourse with the victim, but did not bring the victim's back with the Defendant's back of her back, and did not bring the victim's back with the Defendant's back of her back, the Defendant continued to keep the victim's ambbbb kbb kb kbb kb kb kb kb kb kb kb kb kb k

Accordingly, the defendant tried to rape the victim, but did not commit it but did not commit an attempted crime.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Application of the Acts and subordinate statutes governing victim photographs and CCTV video CDs;

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 (The following extenuating circumstances among the reasons for sentencing);

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

1. Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from an order to disclose or notify, and 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 has no record of criminal punishment for sexual crimes before committing the instant crime, and thus the Defendant

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