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(영문) 서울서부지방법원 2012.12.06 2012고합295
강간미수
Text

Defendant shall be punished by imprisonment for a term of one year and six months.

Reasons

Punishment of the crime

At around 02:20 on May 30, 2012, the Defendant: (a) entered the victim’s house located in Yongsan-gu Seoul, Yongsan-gu, Seoul, under the pretext that the Defendant would complete a workplace meeting as a line of work of the victim C (or 24 years of age) and take the victim’s house; (b) entered the victim’s house in front of the victim’s house located in Yongsan-gu, Seoul; and (c) entered the victim’s house to prevent the Defendant from entering the entrance of the entrance.

The Defendant: (a) intending to get the victim’s arms onto and from the shore, frighten the victim into the bed; (b) intending to get out of the clothes of the victim and forced rape; (c) however, the Defendant attempted to commit rape; (d) the Defendant got out of the victim’s clothes; (d) she was reported by the residents that the victim was scambling and scambling the victim’s arms; and (d) she did not come out of the wind that the security guard was scambling at the seat of the said victim and attempted to commit such rape.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Investigation report (in-depth photographs and the investigation of details of the victim's cell phone calls), and investigation report (in-depth investigation of security guards' statements);

1. Application of statutes on field CCTV photographs;

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

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (Consideration of favorable circumstances, etc. among the reasons for sentencing below);

1. Where the judgment of conviction of the Defendant who registered personal information of this case becomes final and conclusive, based on the following: (a) the proviso to Article 37(1) and the proviso to Article 41(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes Exempted from disclosure order and notification order (the fact that the Defendant has no record of sexual crimes with the Defendant; (b) the exercise of tangible power is relatively weak; and (c) the parent’s living together with the parent is clear that social relationship is likely to repeat a crime; and (d) there are special circumstances that may not disclose or notify personal information, etc.; and (e) the Defendant is

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