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(영문) 수원지방법원 성남지원 2018.12.20 2018고합159

준강간미수등

Text

Defendant

A shall be punished by imprisonment with prison labor for a year and six months.

Defendant

A shall complete a sexual assault treatment program for 80 hours.

Reasons

In the case of criminal facts (defendant A), the defendant was the director of the business team, the director of the division of the business team, the director of the division of the business team, and the victim D (year 2) was the new member of the business team.

On July 20, 2017, the Defendant: (a) provided meals with the victim at a restaurant located in Sungnam-si Seoul Metropolitan City, Sungnam-si, and (b) provided drinks for three occasions; (c) provided alcohol to the victim, and (d) provided the victim with B around 22:00 on the same day as the withdrawingr to the extent that the victim does so and does not hold the body.

1. A quasi-indecent act: (a) on July 20, 2017, around 22:00, the Defendant forced the Defendant to commit an indecent act by force, by force, on the part of the victim, who was waiting to board an elevator while under the mental and physical loss while under the influence of alcohol between B and the settlement of the guest room fee with the Defendant’s card around the first floor of the Ecom.

2. Around July 20, 2017, the Defendant: (a) around 23:00 on July 20, 2017, the Defendant: (b) met the victim’s breast in a panty room with the panty and was under the influence of alcohol.

Accordingly, the Defendant, who was pushed ahead of the Defendant on the body of the victim, was out of the victim's panty, and tried to insert the Defendant's sexual organ into the part of the victim's sound, but the victim continued to resist when she became out of the victim's sexual organ, making the victim's hand knife and her hand knife the victim's hand, and her knife the victim's hand.

Accordingly, the Defendant attempted to have sexual intercourse with the victim by taking advantage of the state of resistance impossibility.

Summary of Evidence

1. Legal statement of the witness D;

1. Statement made by the prosecution with regard to D;

1. Statement made by the police against D;

1. Response to a request for appraisal;

1. Application of CCTV-related Acts and subordinate statutes;

1. Relevant provisions of the Criminal Act and Articles 299, 298 (a quasi-indecent act by force, a choice of imprisonment), 300, 299, and 297 (a person who attempted quasi-rape) of the Criminal Act concerning criminal facts.