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(영문) 의정부지방법원 고양지원 2019.09.10 2019고합180

강간미수

Text

A defendant shall be punished by imprisonment for three years.

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

Reasons

Punishment of the crime

On July 14, 2019, around 01:05, the Defendant found the victim C (here, 24 years of age) who was mixed and tried to have sexual intercourse with the victim, and tried to commit an attempted rape with the victim, but the Defendant did not commit an attempted rape with the victim’s chest in the direction of the victim, with the victim’s second hand, the victim’s chest was frighted, the victim’s chest was prevented from being frighted with his left hand, and the victim’s chest was obstructed from being frighted with the victim’s upper part of the part of the victim, and the Defendant frighted against the victim.

Summary of Evidence

Article 16(2) and the main text of Article 16(3) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes under the Act on the Punishment, etc. of Sexual Crimes committed by Sexual Crimes under the Act, Article 47(1) and Article 49(1)2 of the Act on the Protection of Children and Juveniles against Sexual Abuse, Article 50(1)2 and Article 56(2)2 of the Act on the Protection of Children and Juveniles against Sexual Abuse, Article 50(1)2 of the Act on the Protection of Children and Juveniles against Sexual Abuse, Article 56(1) main text and Article 59-3(2) of the Act on Welfare of Persons with Disabilities tried to commit rape after discovering a woman first deemed to have been married on the street during the night.

The defendant's liability is very heavy in light of the fact that the victim was exposed to considerable mental impulse due to the crime in this case, such as the background of the crime, time, place, method of interview and interview, relationship with the victim, etc.

However, even if the crime was committed in an attempted way, the victim does not have any particular injury, and the object dangerous to the crime of this case is dangerous.