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(영문) 광주지방법원 목포지원 2015.03.19 2014고합197
강간미수
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

The defendant shall be ordered to complete the sexual assault treatment program for 40 hours.

Reasons

Punishment of the crime

On January 29, 2014, the Defendant’s 22:30 on January 29, 201, F summary operated by the Victim E (V, 53 years of age) in Ma.

At the main point of drinking alcohol with the victim, the victim was bread with the victim's own inception, and even if the victim refuses to be bread with the victim's hand, the victim was pushed in, and bread with the victim's entrance and breacing.

Although the defendant continued to have the victim get off by her hand while she was unable to get off by her hand, she was off by her hands, but she did not have the wind to get out of the husband of the victim into the place of bed and escaped.

Accordingly, the defendant did not commit rape but did not commit an attempted rape.

Summary of Evidence

1. The defendant's partial statement in the first protocol of trial;

1. Application of Acts and subordinate statutes to witness E and G of the second protocol of trial (as the contents of the statement in the main part of the instant crime are consistent and specific, credibility exists)

1. Articles 300 and 297 of the Criminal Act applicable to the crimes;

1. Articles 25 (2) and 55 (1) 3 of the Criminal Act for statutory mitigation;

1. The main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed;

1. Determination as to the assertion of the defendant and his/her defense counsel on the grounds of the following circumstances: 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 [the defendant's age, occupation, family environment, social ties, criminal records, and the risk of recidivism (no record has been punished for sexual assault crimes) recognized as recorded; and the benefits and the effect expected by the order to disclose or notify the information of this case; any disadvantage and side effect resulting therefrom;

1. The defendant and the defendant.

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