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(영문) 서울동부지방법원 2016.03.31 2015고합382

강간미수

Text

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

To the defendant, the defendant shall complete the sexual assault treatment program for 40 hours.

Reasons

Punishment of the crime

On April 23, 2015, the Defendant met the victim D (I, 44 years of age) that he came to know at the Internet carpet conference near C market, and then went to the victim as the victim with the full-time withdrawal and the F hotel in Seoul E.

The defendant, lying the victim on a bed on the bed, forced the victim to be exempted from the clothes of the victim, and, even though the victim tights the defendant's shoulder by hand, she set up the victim, and immediately fright the victim's chest into the bed.

Although the Defendant continued to have sexual intercourse by inserting the sexual organ of another defendant listed above the victim's body into the victim's negative organ, the victimized person was guilty of attempted sexual intercourse, taking away from the victim's body, and resisting the victim's body.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Investigation reports (related to field exploration) and investigation reports (related to F hotel investigations);

1. Victims’ text messages and G message photographs;

1. Spanish photographs from H or CCTVs at H or F hotels;

1. Application of the Acts and subordinate statutes governing H or F hotel CCTV CDs;

1. Articles 300 and 297 of the Criminal Act concerning the facts constituting the crime;

1. Article 25 (2) and Article 55 (1) 3 of the Criminal Act, which is statutory mitigation;

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. Articles 47(1) and 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Aggravated Punishment, etc. of Sexual Crimes, and Articles 49(1) and 50(1) main text of the Act on the Protection of Children and Juveniles, where a conviction becomes final and conclusive on the facts constituting a crime on which the personal information is registered, the Defendant is a person subject to registration of personal information pursuant to Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and thus, is obligated to submit personal information to the competent agency pursuant to Article 43 of the same Act.

Reasons for sentencing

1. Scope of applicable sentences under law: Imprisonment with prison labor for one year and six months from fifteen years to fifteen years;

2. The crime of this case committed by the defendant at a Internet carpet group is committed with the victim who became aware of the crime of this case, and the victim under the influence of alcohol after drinking alcohol together with the victim.