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(영문) 수원지방법원 안양지원 2018.05.04 2017고합253
강간미수
Text

A defendant shall be punished by imprisonment for two years.

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 7, 2017, the Defendant found in the D Station subway platform located in Ansan-si, Seoul, a member-gu, and found the victim E (tentative name, leisure, 22 years old) waiting for subway, took the subway along with the victim, and landed from the F Station according to the victim, and followed the victim up to the elevator of G Building in the military in the time of the 08:50 on the same day.

After the defendant was on board the elevator with the victim, the victim got off from the elevator for the seventh floor, and her knife her knife with the victim's knife with the victim's knife with his knife with his knife with his knife with his knife with his knife with his knife, the victim's knife with his knife with his knife with his knife with his knife with his knife with the other knife with his knife with his knife with his knife, and the victim's knife with his knife with his knife with his knife with the victim

Accordingly, the defendant tried to rape the victim, but attempted to commit it.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made with respect to E (tentative name) and H;

1. Application of investigation reports (data recording CCTVs for elevators) Acts and subordinate statutes;

1. Articles 300 and 297 of the Criminal Act concerning the facts constituting the crime;

1. Mitigation of attempted punishment: Articles 25(2) and 55(1)3 of the Criminal Act;

1. Article 62 (1) of the Criminal Act (The following favorable circumstances):

1. The main sentence of Article 16 (2) and Article 16 (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes against Order to attend a lecture or community service order;

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 a notification order, 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 (the defendant has no record of punishment for a sexual crime and thus is at risk of recidivism or recidivism of sexual assault as he/she has no record of punishment for a sexual crime

It is difficult to conclude.

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