beta
(영문) 수원지방법원 2019.02.14 2018고합509

강간미수

Text

Defendant shall be punished by imprisonment for not less than two years and six months.

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

Reasons

Criminal facts

On October 7, 2018, the defendant and the person requesting probation order (hereinafter referred to as the "defendants") followed the victim by walking around the road near Young-gu B in Suwon-gu around 01:20 on the grounds of the probation order. At around 01:30, the victim C (the victim, the name of the victim, and the age of 33) are walking together with the victim's son (five years), and following the victim. In the vicinity of the D apartment E-dong in Suwon-si, the victim's neck was cut back to the side of the vehicle where the victim was parked with his arms, and the victim's neck was cut back to the front part of the other victim's neck on his arms, and the victim was able to get out of the victim's tobacco with his son's son, and the victim was out of the victim's son and the victim was out of the victim's son's son's free from the front part."

Accordingly, the Defendant attempted to rape the victim by assault as above.

[Fact of Probation] The Defendant is likely to recommit a sexual crime in light of the method of committing the instant sexual assault crime, the object of the crime, the Defendant’s age, the environment, character and conduct, etc.

Summary of Evidence

1. Defendant's legal statement;

1. Each police officer's statement concerning F and C;

1. The risk of recidivism in the judgment: The following circumstances that can be recognized by the evidence as seen earlier and the written response prior to the claim, namely, ① the Defendant took the victim who is prone from the street as the object of sexual assault crimes, and attempted to rape the victim at an open place while the victim’s children are viewed as having been sexually imprisoned. ② The Defendant’s ability to self-control and sexual impulse impulse adjustment is deemed to be low, and ② the Defendant’s excessive drinking is due to the self-control power and sexual impulse impulse adjustment ability.