beta
(영문) 광주지방법원 2020.10.30 2020고합300

유사강간미수

Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On March 3, 2020, the Defendant: (a) around 22:00, at the 7 location of the “C” Mag-type establishment located in the Gwangju Mine-gu, the Defendant sought to leave the front Mag-type site by putting the victim D (V, 51 years of age, and her mother nationality) who is an employee of the relevant establishment on the front Mag-type site after completing the Mag-type site; and (b) putting the Defendant back on the front Mag-type site; and (c) 50,000 won of money to the victim under the exposure of the

The victim did not have any way, and the defendant tried to get off the victim's jackets, and the victim completely refused to do so, when the victim scams both by hand, the victim's scams were taken into the victim's scams, and the victim's scams were forced to enter the victim's scams to his scams by putting his head into the victim's scams.

However, the victim did not go away from the resistance and did not achieve that intention.

As a result, the defendant tried to put his sexual organ into the inner mouth of the victim's mouth, but did not commit an attempted crime by blocking the victim's resistance from the victim's resistance.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by each police officer on the D (victim) and E ( Person Working for Marina Place);

1. Application of Acts and subordinate statutes concerning photographs inside and outside of marina business establishments;

1. Relevant Articles 300 and 297-2 of the Criminal Act concerning criminal facts;

2. Mitigation of attempted crimes under Articles 25 (2) and 55 (1) 3 of the Criminal Act;

3. Article 62 (1) of the Criminal Act ( normal consideration considered favorable to the reasons for sentencing below).

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

5. An order to disclose or notify an employment restriction order, and exemption from an order to disclose or notify such order: Article 47 (1) or 49 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, the proviso to Article 49 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, or the proviso to Article 50 (1): Exemption from an employment restriction order: the proviso to Article 56 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, or Article