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(영문) 수원지방법원 안산지원 2014.11.14 2014고합303

강간미수

Text

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

2. The defendant shall complete a sexual assault treatment program for 80 hours.

Reasons

Punishment of the crime

At around 02:00 on July 24, 2014, the Defendant: (a) while drinking alcohol at a “D” restaurant of the first floor of the commercial building in Ansan-si, Ansan-si; (b) went out to the outside in order for the victim E (n, 35 years of age) who drinking alcohol on other tables to see the side; (c) entered the entrance in a male and female public toilet on the first floor of the above building, locking the entrance; and (d) opened the entrance above the floor by putting the victim’s knobs, and prevented the victim from resisting the victim’s body.

Then, the Defendant, in his hand, was off the victim's panty and panty, and tried to have sexual intercourse with the victim by inserting his panty and panty into the panty of the victim, but the victim was not able to have a pande and panty and to have a panty.

Accordingly, the defendant attempted to rape the victim by assault.

Summary of Evidence

1. Partial statement of the defendant;

2. Some statements of the prosecutor's office and police interrogation protocol of the accused;

3. Statement of the police officer to E;

4. Investigation report by the public prosecutor (report on hearing statements by victims);

5. Application of each statute of photograph;

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

2. Statutory mitigation under Articles 25 (2) and 55 (1) 3 of the Criminal Act;

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

4. Determination as to the Defendant and his/her defense counsel’s assertion under Articles 47(1) and 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed against the Disclosure of Registered Information and Orders to Notify Information, Articles 49(1) and 50(1) of the Act on the Protection

1. The gist of the assertion was that the Defendant, who attempted to rape the victim, discontinued his/her own crime with his/her mind.

2. Determination

A. Even if an act of commission of a crime commences and the act of commission of a crime is suspended at one’s own free will before the crime is completed, such suspension is generally accepted by social norms.