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(영문) 서울남부지방법원 2019.08.30 2018고합412

준강간미수

Text

A defendant shall be punished by imprisonment for not less than one year and six months.

To order the defendant to complete a sexual assault treatment program for 80 hours.

Reasons

Punishment of the crime

The defendant was a person who was enrolled in the Chye Association such as the victim B (n, 22 years of age, family name), and first became a member of the said club.

On May 8, 2018, between 06:30 to 09:00, the Defendant, as well as the Defendant, did not commit an attempted act because the Defendant did not go to the effect that the Defendant’s sexual organ was put into the part of the victim’s sound, while she was trying to put the Defendant’s sexual organ into the part of the victim’s sound, and did not go to the effect that it did not occur.

Accordingly, the defendant attempted to have sexual intercourse with the victim who is in a state of mental or physical disability or inability to resist.

Summary of Evidence

1. Statement of the accused in the first protocol of trial;

1. Legal statement of the witness B, and part of the witness F’s legal statement;

1. A complaint;

1. The closure of a G dialogue (No. 3), the request for appraisal, the closure of a G dialogue (No. 14), the field map, and the closure of a G message between the victim and witness F;

1. The application of Acts and subordinate statutes by means of an investigation report (referring to a table of evidence Nos. 16,17), and a table of requests for appraisal attached thereto (referring to a table of evidence Nos. 16,17), a report on an investigation (attached to data submitted by a victim),

1. Articles 300, 299, and 297 of the Criminal Act applicable to the facts constituting an offense;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

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

1. Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from an disclosure order and 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; thus, it is difficult to readily conclude that the Defendant has a risk of recidivism or recidivism due to the lack of criminal records of the same kind; and the Defendant’s personal information registration of the Defendant and the completion of a sexual assault treatment program can be expected to a certain degree of