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(영문) 인천지방법원 2014.12.03 2014고합709
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 July 1, 2014, the Defendant, at around 12:10, went to the residence of the victim in the Nam-gu Incheon Metropolitan City, where he knows that the victim D (at least 51 years of age) who is the wife of the native district became married to the home, was found to have been in the residence of the victim.

During the process of dividing conversations with the victim, the defendant laid off the victim's pursuant to the back of the victim, and laid off the victim's jackets, and the victim scam, scam the defendant with his hand and scam, and continuously resisted and continuously resisted the victim, despite the victim's scambling, scambling the victim's body, scambling the victim's body, suppression the victim's resistance, scam off the victim's inner part, and off the victim's inner part and the victim's clothes and clothes, and suspended the crime of sexual intercourse and reporting the victim to have sexual intercourse.

Accordingly, the defendant attempted to rape the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes on written statements by prosecution concerning D;

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) and (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes against Probation or Order to Attend Course, and Article 62-2 (1) and the main sentence of Article 6

1. An order to disclose or notify registered information under Articles 47(1) and 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from disclosure order and notification order, and the proviso of Article 49(1) and the proviso of Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse should be careful in that it may have a significant impact on the Defendant. In this case, since the Defendant’s mistake is divided, it appears that the Defendant could have an effect to prevent recidivism of the Defendant to a certain extent only by taking part in the registration of personal information and the taking part in the treatment course of sexual assault, the rape is committed in the attempted rape, and the victim agrees with the victim.

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