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(영문) 전주지방법원 정읍지원 2019.06.12 2018고합60

강간미수

Text

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

To order the defendant to complete the sexual assault treatment program for 40 hours.

Reasons

Punishment of the crime

The defendant is a security guard of apartment house where the victim B (n't, life, 48 years old) lives, and is known to and inside with the usual victim.

Around August 13, 2018, the Defendant: (a) performed drinking alcohol in regular Si/Eup/Myeonoto drink D; and (b) took a mind to rape the victim’s body without force; (c) took the victim’s body back to her body and return it to her body; and (d) took the part of the victim’s body to her hand; (c) took the part of the victim’s part to her body and panty; (d) took off the victim’s her part to her body and her panty; (e) took the part to her body and her body, she took the part to her body and her body; (e) took the part to her body and her body; and (e) took the part to her body and her part to her body; and (e) took part to her body and her part to her part to her body and her part to her body; and (e) attempted to put the victim’s sexual organ into her part to sexual intercourse, but did not have been attempted.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of the witness B;

1. Partial statement of each prosecutor's protocol of examination of the defendant against the defendant;

1. Each protocol of seizure;

1. A report on investigation (the attachment of photographs of related persons taken from CCTVs at the scene of the crime, the time specified for the crime), and a report on internal investigation;

1. Requests for appraisal;

1. Application of Acts and subordinate statutes governing the 112 Reporting Case Handling Table;

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

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

1. The main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed;

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 notify information, and an employment restriction order, the proviso to Article 49(1), the proviso to Article 50(1), and the proviso to Article 56(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse has no record of being punished as a crime of sexual assault before the instant crime was committed, and thus, the accused is likely to have