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(영문) 서울서부지방법원 2018.04.12 2017고합367

강간미수등

Text

A defendant shall be punished by imprisonment for three years.

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

Reasons

Punishment of the crime

1. The Defendant who attempted rape at around 02:27 August 8, 2017, discovered the victim E (here, 35 years of age) who gets married in Yongsan-gu Seoul Metropolitan Government D and followed approximately 1km, followed by approximately 02:40 on the following day, and she saw the female from behind, such as the elderly, etc. in his/her alley in front of the house of the said victim at around 02:40 on the same day.

After intimidation, “the victim’s chest and flusium,” stating that “the victim she was off panty,” but the victim did not follow it, and when she resisted and resisted, she was sealed with a wall, and she was unable to resist the victim, such as assaulting the victim’s face, head, etc. by drinking, and she was unable to resist the victim, and the mother of the victim who tried to commit rape did not go to F. It did not go against her will.

Accordingly, the defendant attempted to rape the victim by assault or intimidation, but he attempted to commit an attempted crime.

2. The Defendant committed assault, at the same time and place as the above paragraph 1 above, the mother of the female who was running the lusium of the above E with the Defendant’s lusium attached to the Defendant’s lusium and prevented the Defendant from committing the crime, and the flus and flus and flus in order to capture it and flee, with the Defendant’s lus and flus and flus and flus the parts of the Defendant’s

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to E and F;

1. Report on internal investigation (the tracking prior to committing a crime);

1. Application of Acts and subordinate statutes to photographs related to damage;

1. Relevant legal provisions concerning criminal facts, Articles 300, 297 of the Criminal Act (a point of attempted rape) and Article 260 (1) of the Criminal Act (a point of assault and a choice of imprisonment with labor) of the same Act;

1. Aggravation of concurrent crimes as provided for in the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act [to the extent that the punishment is aggregated with the long-term punishment of two crimes];

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 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from disclosure orders and notification orders.