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(영문) 서울동부지방법원 2017.03.30 2017고합19

준강간미수등

Text

A defendant shall be punished by imprisonment for two years.

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

Reasons

Punishment of the crime

1. Around March 24, 2016, the Defendant attempted to have sexual intercourse with the victim E (the 32 years old), who became aware of the act of sexual intercourse at an Internet conference within the protection room in Gwangjin-gu Seoul Special Metropolitan City, around March 24, 2016, with the victim E (the 32 years old), and discovered that the said victim was locked in depth while drinking out of the clothes, and attempted to have sexual intercourse with the victim who was aware of the act of sexual intercourse with the victim by inserting her sexual intercourse with the victim’s sexual intercourse with the victim, such as suffering from the breath of the DNA room in Gwangjin-gu Seoul Special Metropolitan City (the 32 years old), and then suspended the remainder of the crime.

2. On May 28, 2016, the Defendant forced indecent act: (a) committed an indecent act by force against the victim, following the said victim, who was extracted from a man’s mar on the street in the G basin located in Songpa-gu Seoul, Songpa-gu Seoul; and (b) committed an indecent act by forceing the victim by breaking his/her mar to his/her mar in a manner that he/she mards the Defendant’s sexual organ with his/her mar.

Summary of Evidence

1. Statement of the defendant in the first trial record;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Statement protocol by the police for E;

1. Application of the statutes on conversation CDs between the Defendant and E;

1. Relevant legal provisions concerning the facts constituting an offense, Articles 300, 299, 297 of the Criminal Act (the point of attempted quasi-rape) and Article 298 of the Criminal Act (the point of forced indecent act and the choice of imprisonment);

1. Articles 26 and 55 (1) 3 (in cases of the attempted quasi-rape, referring to the attempted quasi-rape) of the Criminal Act;

1. The former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act (an aggravated punishment for the attempted quasi-rape with heavier punishment)

1. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. Article 16 (2) and (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed by an order to attend a lecture or an order to provide community service;

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