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(영문) 인천지방법원 2019.07.19 2018고합866
강간미수
Text

A defendant shall be punished by imprisonment for three years.

The defendant shall be ordered to complete the sexual assault treatment program for 40 hours.

Reasons

Punishment of the crime

The Defendant becomes aware of the fact that he/she received medical treatment together with a victim B (a person, a woman, 19 years of age) and C Hospital.

At around 01:00 on November 4, 2017, the Defendant: (a) 201:0, the victim was “the same person” to the victim in the Namdong-gu Incheon Metropolitan City Dmomomoto; (b) forcedly putting the victim into the bed, and forcedly coercing the victim’s resistance on the bed; (c) cut off the victim’s coke, cut off the victim’s cot, and drawn up the part of the victim, and attempted to rape the victim; (d) the victim did not have the intent to escape but did not commit an attempted crime.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made by the police in relation to B;

1. Application of Acts and subordinate statutes on police statement to E;

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

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

1. Article 3 of the Addenda to the Act on the Protection of Children and Juveniles against Sexual Abuse (amended by Act No. 15452, Mar. 13, 2018); Article 56(1) of the former Act on the Protection of Children and Juveniles against Sexual Abuse (amended by Act No. 15452, Dec. 11, 2018); Article 2 of the Addenda to the Welfare of Disabled Persons Act (Act No. 15904, Dec. 11, 2018); the main sentence of Article 59-3(1) of the Welfare of Disabled Persons

1. Where a conviction becomes final and conclusive with respect to the facts constituting a crime that is subject to the registration and submission of personal information under Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, the main sentence of Article 49(1) and Article 50(1)2 of the Act on the Protection of Children and Juveniles against Sexual Abuse, and Article 7(1)2 of the Act on the Lapse, etc. of Punishment, etc. of Sexual Crimes, the Defendant is a person subject to registration of personal information under Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes,

Reasons for sentencing

1. Scope of applicable sentences under law: Three years to thirty years; and

2. Scope of recommendations according to the sentencing criteria: Unapplicable attempts.

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