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(영문) 광주지방법원 순천지원 2019.07.04 2018고합224
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

The Defendant was serving in the Army Volunteer Team B, and the Victim C (Inn, a female, and a family name) was in the military service with the Defendant from June 2016 to February 2018, and the Defendant was in the military service with the Defendant on March 23, 2018.

On March 24, 2018, the Defendant, at around 00:30 on March 24, 2018, at a 3-story Domomoto Domoto Domoto Domoto Domoto Domoto Domoto Domoto Domoto Domoto Domoto Doo to bl the victim's appearance after male-gu and telephone, Doo to bl the victim's Dooto b

Since then, the Defendant was trying to frightly frighten the chest by drinking the victim's son and brue with his son, and to cut off the brue of the victim. However, the Defendant did not commit an attempted crime because the Defendant did not commit an attempted crime with sound, brue, and resistance against the wind.

Summary of Evidence

1. C's legal statement;

1. Investigation report (SNS dialogue between the accused and the injured party);

1. A criminal investigation report (copic recording CDs);

1. The application of statutes of six copies of a recording file;

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

1. Articles 47(1) and 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 (i.e., the possibility of recidivism by the accused, the degree and expected side effects of the accused’s disadvantage due to an order to disclose or notify the information, the preventive effect of the sexual crime subject to registration that may be achieved therefrom, and the effect of protecting the victims of the sexual crime subject to registration, there are special circumstances in which the accused

1. Act on the Protection of Children and Juveniles against Sexual Abuse, which is subject to employment restrictions;

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