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(영문) 수원지방법원 안양지원 2015.04.17 2015고합22
강간미수
Text

A defendant shall be punished by imprisonment for three years.

The information on the accused shall be disclosed through an information and communications network for three years;

Reasons

Punishment of the crime

Around 03:40 on May 23, 2014, the Defendant sought rape of the victim after having discovered the victim D (tentative name, 25 years of age) in front of Seo-gu Incheon, Seo-gu, Incheon, by leaving the victim’s eye, leading the victim to the alley parking lot, leading the victim up to the floor, leaving the victim’s eye and panty panty, leaving the victim’s knife, leaving the victim’s knife, leaving the knife, leaving the victim’s knife, leaving the victim’s hair and face, etc., leading the victim to the victim’s knife, leaving the victim’s knife, leaving the victim’s knife, leaving the victim’s face, and leaving the victim’s knife, leaving the victim’s face immediately after leaving the victim’s body.”

Therefore, although the defendant tried to rape the victim, the defendant did not have sexual intercourse with the victim on the wind that the victim resists thoroughly.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes concerning police statements of victims;

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

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

1. Reasons for sentencing under Articles 47 (1) and 49 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and Articles 49 (1) and 50 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. The scope of punishment by sentence: Imprisonment for not less than three years;

2. Determination of sentence: The crime of this case in which an attempted crime of this case does not apply the sentencing criteria to an attempted crime of three years is committed, and the crime of this case is intended to rape the victim who has married home, and the nature of the crime is not very good in light of the means of the crime.

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