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(영문) 서울중앙지방법원 2017.12.22 2017고합998

강간미수

Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

On April 10, 2017, the defendant is a space between the victim C (for example, fluor, 22 years of age) and the victim D.

The Defendant, from around 22:00 on April 12, 2017 to around 06:00 on the following day, from around 13, 13:00 to around 06:00 on the following day, the Defendant: (a) had the victim, while drinking alcohol together with the victim and the Defendant’s figures, reported that the victim was under the influence of alcohol and induced the victimized person to be rape; and (b) had the victim said, saying, “I am felbly drinking by entering the mouth, without softing,” brought the victim to the “Fel” in Gangnam-gu Seoul.

At around 10:40 on April 13, 2017, the Defendant: (a) reported that the victim was divingd by the victim in order to rape the victim; and (b) the victim, while she was out of the body of the victim due to the defect of the resistance, was unable to unsat down the body of the victim so that the victim could unsatisd by unsatising the body of the body of the victim; and (c) she tried to rape the victim after being out of the victim’s her her her her her her her her her her her her part with another her her her her her her her her her her part, who was suffering from the victim, and attempted to rape the victim by having sexual intercourse with the victim, but she did not go through a wind that the victim resisted with his her her her her her

Summary of Evidence

1. The legal statement of the witness C;

1. A gene appraisal report;

1. Application of Acts and subordinate statutes concerning sound recording;

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. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1. 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 an order to disclose and a notification order, the proviso to Article 49(1) and the proviso to Article 50(1) of the Act on the Protection of Juveniles from Sexual Abuse (the fact that the defendant has no record of punishment for the same crime, and the defendant has a certain residence.