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(영문) 대전지방법원 천안지원 2016.07.20 2016고합68
준강간미수
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 October 8, 2015, the Defendant, at around 01:00 on the Defendant’s residence located in Seo-gu, Seo-gu, Seo-gu, Seocheon-gu, Seocheon-gu, the Defendant: (a) placed the victim D (one year old, 18) who was taken by the meeting ceremony of the preceding department; (b) placed the victim D (one year, 18 years of age); (c) attempted to have sexual intercourse with the victim who was in a non-scamable state; and (d) attempted to have sexual intercourse with his/her clothes; and (c) attempted to have sexual intercourse with the victim, but did not occur.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to D or E;

1. On-site photographs of the case;

1. Records of the emergency department;

1. Application of the Act and subordinate statutes to the investigation report (No. 14 times a year);

1. Articles 300, 299, and 297 of the Criminal Act concerning the facts constituting an offense;

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

1. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. Order to provide community service and attend lectures under Article 62-2 of the Criminal Act, the main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes;

1. In full view of various circumstances, including the Defendant’s age, occupation, family environment, social ties, criminal punishment, profits and preventive effects expected due to the instant disclosure or notification order, disadvantages and side effects, etc., there are special circumstances in which the Defendant’s personal information may not be disclosed or notified, in light of Articles 47(1) and 49(1) proviso of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes subject to Exemption from Disclosure of Personal Information, Article 49(1) proviso of the Act on the Protection of Juveniles from Sexual Abuse, Article 49(1) proviso of the Act on the Protection of Children against Sexual Abuse

[Judgment] Grounds for sentencing

1. Scope of applicable sentences under law: Imprisonment with prison labor for one year and six months to 15 years;

2. Non-application of the sentencing criteria: Unclaimed offenses;

3. Determination of sentence: Imprisonment with prison labor for a year and six months, and the crime of this case for a year of probation for a period of three years is committed by the defendant, and the crime of this case is committed by a person who was under the age of the workplace, who was in the same place and tried to engage in sexual intercourse by taking advantage of an impossible condition with the defendant's home at the same time, and the nature of the crime is not good.

No. 3.

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