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(영문) 전주지방법원 2014.09.18 2014고합146

강간미수등

Text

A defendant shall be punished by imprisonment for three years.

The defendant shall be ordered to complete the sexual assault treatment program for 80 hours.

Reasons

Punishment of the crime

On June 15, 2014, at around 03:35, the Defendant: (a) discovered the victim F (at least 28 years of age) in front of the E cafeteria near the latter part of the D Elementary School located in Yansan-gu, Seoul, and followed the victim to rape.

On June 15, 2014, at around 03:40 on June 15, 2014, the Defendant: (a) prevented the victim from resisting the victim by blocking him/her from entering his/her port hand in front of the latter part of the said D Elementary School; (b) obstructed him/her from putting him/her into the floor; and (c) repeated the victim’s chest with his/her finger hand; and (d) repeated him/her.

The Defendant continued to place the victim on the shoulder, put the victim into the said D elementary school, lying the victim on the front of the auditorium, putting the victim's body into the victim's clothes, talked the victim's chest into the victim's clothes, cut the victim's breast, cut the victim's panty, cut off the victim's panty, and repeated the victim's finger.

After that, the Defendant attempted to rape the victim by inserting her sexual organ into the victim's negative part, but did not have been inserted because it did not have occurred.

As a result, the Defendant committed an act of inserting part of the body, such as fingers, during the victim’s sexual intercourse, and attempted to rape the victim, but did not commit it but did not commit an attempted act.

Summary of Evidence

1. Defendant's legal statement;

1. The statement of each police officer made to F and G;

1. A written appraisal;

1. Photographs of the victim;

1. Application of Acts and subordinate statutes to investigative reports;

1. Relevant Article 297-2 of the Criminal Act concerning the crime, Articles 300 and 297 of the Criminal Act;

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (Aggravation of concurrent crimes concerning attempted rape with heavier punishment);

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

1. Article 47(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes against Sexual Abuse, and Article 49(1)1 of the Act on the Protection of Children and Juveniles against Sexual Abuse.