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(영문) 수원지방법원 안산지원 2019.06.14 2019고합43
강간상해
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

The Defendant was living together with the victim B (mast, 52 years of age) for about 2 years and at least 4 months before living.

The Defendant, at around 16:10 on November 19, 2018, at the office of the Defendant located in Singu, Singu, C building D, called “Isday as a day,” but refused, the Defendant was the victim visiting the issue of debt repayment, and the victim was the subject of rejection. The Defendant: (a) sent the fluence of the fluence of the fluence of the fluence, “Is off the clothes, Is off the clothes, Iskn, Is off the clothes, Is off the clothes,” and tried to have sexual intercourse with the victim’s resistance while the victim strongly refused to engage in sexual intercourse; (b) the fluence of the fluence, the victim escaped out of the fluence, and the intent of the fluence was not achieved.

Accordingly, the defendant attempted to rape the victim.

Summary of Evidence

1. Defendant's legal statement;

1. The written statement of each police officer in B and E;

1. Application of Acts and subordinate statutes governing the 112 Reporting Case Handling Table;

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. 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 and notification orders, 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 needs to be careful in that it may have a significant impact on the Defendant. In light of the fact that the Defendant has no record of punishment for sexual crimes, the Defendant’s age, social relationship, etc., it appears that the effect of preventing re-offending can be achieved only by registering personal information of the Defendant and attending the sexual assault treatment course. In addition, the content and process of the instant crime, method and consequence of the instant crime, and order to disclose

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