(영문) 서울중앙지방법원 2016.08.12 2016고합290



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.


Punishment of the crime

around 04:10 on October 26, 2015, the Defendant, at the main point of “D” in the Defendant’s operation located in Dongjak-gu Seoul Metropolitan Government, had been aware of through the seal, had the victim E (the age of 31) to have sexual intercourse with the victim while drinking alcohol, and had the above main point walked on the part of the victim, placed the victim on his/her body, placed him/her on his/her own with his/her arms, arms, etc., and prevented him/her from driving.

Although the victim satisfly resisted, such as satisfing and satisfing sound, without putting the victim, the Defendant attempted to commit rape by putting the victim's chest part into his/her panty with his/her panty, leaving the victim's chest part of his/her breast part in his/her panty with his/her panty part, leaving the victim's sexual organ, and leaving the victim out of his/her panty part. However, the victim satisfed in the toilet.

In other words, the escape was attempted at the wind.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against the victim;

1. A written statement of the F;

1. Statement of the result of a response to a request for appraisal (the list No. 22);

1. Investigation report (to attach major pages of CCTV images, such as the scene of the crime), and photographs of each field;

1. Application of Acts and subordinate statutes to photographs of the body of the victim's face, and photographs of damaged body of the victim;

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

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances shall be considered for the reasons for sentencing):

1. Article 62 (1) of the Criminal Act on the stay of execution (Article 62 (1) of the Criminal Act on the following grounds for sentencing);

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

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 criminal punishment for the same crime).