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(영문) 광주지방법원 2019.02.13 2018고합582
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 three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On August 29, 2018, at around 18:00, the Defendant drinked the victim at the house of the victim C (name, 41 years of age) in Seo-gu, Seo-gu, Gwangju, in order to rape the victim, and laid the victim's hand on the floor by putting the victim's hand on the floor; the victim resisted the victim by putting the victim's hand on the floor; the victim's hand when she did not want to do so; the Defendant ran the victim's hand on his hand; the victim's hand knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife

Accordingly, the defendant attempted to rape the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

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. 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 16 (4) 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 information, 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 (i.e., the possibility of recidivism by the accused, the degree and expected side effects of the disadvantage the accused was placed due to the accused’s order to disclose or notify information, the prevention and effect of the sexual crime subject to registration that may be achieved therefrom, and the effect of protecting the victims of the sexual crime subject to registration, etc., if the accused

1. Act on the Protection of Children and Juveniles against Sexual Abuse, which is subject to an employment restriction order, on March 2018;

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