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(영문) 서울서부지방법원 2014.11.17 2014고합198

강간미수

Text

1. The defendant shall be punished by imprisonment with prison labor for one and half years;

2. The defendant shall be ordered to complete a program for treating sexual assault for 40 hours.

Reasons

Punishment of the crime

At around 21:00 on January 2, 2013, the Defendant, at the main point of “F” located in Mapo-gu Seoul National University, drinked the Victim G (n, 22 years of age), etc. to drink together. On the following day, at around 03:30, Seodaemun-gu Seoul National University (H and 301), the Defendant changed the place to one’s house in Seodaemun-gu Seoul National University to drink further.

On January 3, 2014, between 04:30 and 05:00, the Defendant: (a) had the victim covered the fluence in his dwelling place; (b) had been able to rape the victim; (c) had milched the victim’s chests with the victim’s knee, forced the victim’s knee with the victim’s knee, forced the victim’s knee; and (d) had attempted to rape the victim by getting off the victim’s panty; (c) had panty attached to the victim’s panty so that the victim may not get off the panty; and (d) the Defendant attempted to escape out of the body of the victim at the time of diving.

Summary of Evidence

1. Witnesses G and I's respective legal statements;

1. Letters received from victims during police investigations;

1. Application of the Acts and subordinate statutes to photographs taken on the upper part of victim G;

1. Articles 300 and 297 of the Criminal Act applicable to the crimes;

2. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

3. Article 16 (2) and (3) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes against Sexual Crimes.

4. Article 47(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, the proviso to Article 49(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse / [the proviso to Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse] has no history of having been punished for a sex offense before the instant crime, and the instant crime is deemed to have been committed repeatedly by the Defendant under the influence of alcohol, and the Defendant is the wall of a sexual crime against the