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(영문) 부산지방법원 2018.03.23 2017고합602

강간미수

Text

A defendant shall be punished by imprisonment for two years.

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

Reasons

Punishment of the crime

On October 6, 2017, at around 02:20 on October 6, 2017, the Defendant: (a) directed the victim E (the 20-year-old-old-old-old-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-gu to prevent the victim from suffering from being able to suffer from the victim as soon as possible; and (b) threatened the victim to the 1st floor and the 2nd floor of the D-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-gu, and tried to get off the victim's breast and the victim's her breast.

Although the Defendant attempted to rape the victim, it was found that the victim was sexually ill, and that there was a her gender disease, and that there was a sex experience in order to find out the situation when the victim made a false statement that “I have sexual illness.”

nomenclature; or

“Along with the victim’s body, the victim’s sexual organ returned to the victim’s body was her her mar, but the her chest was her even out of the victim’s her mar.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Protocols of seizure and photographs of seized articles;

1. Application of Acts and subordinate statutes to each investigation report, 112 report processing records, vehicle inquiry records, gene appraisal records (No. 22 times a moment);

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

1. Mitigation of attempted punishment: Articles 25(2) and 55(1)3 of the Criminal Act;

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. Article 48 (1) 1 of the Criminal Act to be confiscated;

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 or a notification order, the proviso to Article 49(1) and the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse [the Defendant’s age, occupation, social ties, criminal records, and the risk of recidivism recognized as recorded (no record of sexual crimes)], and the instant case.