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(영문) 서울서부지방법원 2015.10.14 2015고합224

준강간미수등

Text

A defendant shall be punished by imprisonment for two years.

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

Reasons

Punishment of the crime

On August 12, 2015, from around 20:10 to 20:50, the Defendant discovered the Victim F (25 years of age) who was drinking in front of the “E” restaurant in Yongsan-gu Seoul, Yongsan-gu, Seoul with a signal light pole, and was living together with the signal light pole, and discovered the Victim F (25 years of age) who was able to have sexual intercourse with the victim with the victim, knowing that the victim was unable to resist due to alcohol, and was in a state of avoiding alcohol, the Defendant went to the “H in Yongsan-gu Seoul, Yongsan-gu, Seoul.”

At the above time room 205, the Defendant placed the victim in a state of her ability to resist due to being drunk due to alcohol on the bed, and she placed the victim's chests and brokes on the bed and brokes worn by the victim, her chests and her breasts by her hand, and her chests and pans, her chests and pans, and her sexual intercourse with the victim's sexual organ inserted the victim's sexual organ into the victim's sexual organ, however, the Defendant attempted to have sexual intercourse with the Defendant's sexual organ inserted the Defendant's strokes and bros in the victim's sexual organ, if the Defendant's sexual organ does not occur.

As a result, the defendant tried to rape the victim by taking advantage of the victim's failure to resist, but failed to achieve that intent, and committed similar rape.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. Investigation report (a statement made by H inn the business owner I);

1. Application of the medical records for victims of sexual assault and the statutes governing body photographs of victims;

1. Relevant Articles 300, 299, and 297 of the Criminal Act concerning the facts constituting an offense and Articles 299 and 297-2 of the Criminal Act;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation (i.e., circumstances favorable to the following reasons for sentencing):

1. Article 62 (1) of the Criminal Act (recognition of the favorable circumstances among the reasons for sentencing following the suspended sentence);

1. The punishment, etc. of sexual assault crimes;