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(영문) 인천지방법원 2016.09.21 2016고합320

준강간미수

Text

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

The defendant shall be ordered to complete the sexual assault treatment program for 40 hours.

Reasons

Punishment of the crime

From November 11, 2015 to 23:30 on the same day, the Defendant: (a) at the night of the Defendant’s house located in eel 201 located in Seocheon-gu, Seocheon-si; (b) together with the victim F (27 years of age, n) who is a subordinate employee working at the same workplace; and (c) the victim drinks alcohol with the victim, using the state in which the victim was divingd by the victim; (d) was able to have sexual intercourse with the victim; and (e) was out of the victim’s load nits and panty; and (e) was out of the victim’s nitter and panty; and (e) the victim was kneved with her finger and panty; and (e) the victim tried to knee the victim’s breast part by intending to cause the body of the body of the body of the victim; and (e) the victim tried to kel the victim’s kel from the victim’s k.

It was impossible to bring a sound to an attempted attempt but failed to bring it to the port.

Accordingly, the defendant tried to have sexual intercourse with a victim who is in an impossible state of resistance, but did not have such sexual intercourse.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness F;

1. Recording records;

1. Recording-record of the conversations between the Eel CCTV CD and the suspect, and the victim;

1. Application of the screen, investigation report (Attachment to the screen by cutting off theCCTV), G content, and any explanation under the Acts and subordinate statutes by cutting off the contents of the G conversation;

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

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

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

1. Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from disclosure and notification orders, 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 (in addition to the instant case, the Defendant has no record of being punished for sexual crimes, and the Defendant committed the instant crime using personal trust relationship with the victim, and the instant crime is unspecified.