준강간미수
A defendant shall be punished by imprisonment for not less than one year and six months.
The defendant shall complete a sexual assault treatment program for 40 hours.
Punishment of the crime
Since about two years ago, the Defendant was working as Vice-President from D U.S. in Busan Shipping Daegu C, and the victim E (n.e., 18 years of age) was employed as an employee from October 2013 in the above U.S. court.
At around 20:00 on January 30, 2014, the Defendant: (a) had been working for the instant Non-Party on the part of the Defendant; (b) had the victim scam, and had the victim scam on the part of the Defendant; (c) from around 20:30 on the same day, the Defendant scams with the victim at “G restaurant” located in Busan Shipping Daegu, and at “I restaurant” located in Busan Shipping Daegu, Busan Shipping Daegu, and at “I restaurant” located in the Busan Shipping Daegu, the Defendant scams with the victim, while drinking alcohol, and scams the victim who lost her mind by drinking alcohol; and (d) had the victim scam under the influence of alcohol at around 23:23 on the same day, the Defendant scams with KMoel 303 located in the Busan Shipping Daegu, and scam
피고인은 그 다음 날인 2014. 1. 31. 01:40경 잠에서 깨 옷을 모두 벗은 후 자고 있던 피해자의 윗도리를 올리고 손으로 피해자의 가슴을 만지고 입으로 빤 다음 다시 입으로 피해자의 음부를 빨다가 발기가 되자, 피해자의 음부에 피고인의 성기를 삽입하려고 하는 등 간음하려고 하였으나, 피해자의 남자친구인 L의 신고를 받고 출동한 경찰관들에게 체포되는 바람에 미수에 그쳤다.
Accordingly, the defendant attempted to have sexual intercourse with the victim to use the victim's state of impossibility to resist.
Summary of Evidence
1. Defendant's legal statement;
1. Investigative reports (Arrest of a Suspect), photographs attached thereto, investigative reports (video call against the victim E and 18 years old), accompanying documents, investigative reports (Attachment to the elCCTV Image Data) and accompanying CDs;
1. As the defendant and his defense counsel asserted that the defendant was in a state of mental disorder or mental disorder under the influence of alcohol at the time of the crime of this case, the defendant and his defense counsel expressed that they had been in a state of mental disorder or mental disorder at the time of the crime of this case, and the defendant drank alcohol before the crime of this case.