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(영문) 서울중앙지방법원 2019.07.17 2019고합456

강간미수

Text

A defendant shall be punished by imprisonment for two years.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On March 20, 2019, the Defendant, at around 21:05, called a photographic model at the hotel C hotel in Jung-gu Seoul, Jung-gu, Seoul, as a cycle, demanded the victim E (the 21-year age), to take a photograph to take pictures from the victim E (the 21-year age), and attempted to take a part in the victim’s body and to take the victim’s body so that the victim may not occur, after taking the victim’s body and she was pushed off, but the victim attempted to take part in the victim’s body and to take part in the wind to take part in the body, sound, and guest room while going against the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to police statements made to E;

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

1. Article 25 (2) and Article 55 (1) 3 of the Criminal Act for mitigation of attempted crimes;

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. The main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed against the Order to Attend (the defendant appears to be able to communicate with the person of three years of age in Japan or Korean nationality, and thus there is no special circumstance to exempt the order to attend lectures);

1. Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from disclosure and notification orders; Article 49(1) proviso of the Act on the Protection of Children and Juveniles against Sexual Abuse; Article 50(1) proviso of the Act on the Protection of Children and Juveniles against Sexual Abuse; the crime in the instant case alone is hard to readily conclude that the Defendant has a sexual assault relation to an unspecified number of people; personal information registration and attending a lecture for sexual assault treatment alone appears to have an effect to prevent re-offending; and the Defendant’s age and family relation; the degree of disadvantage and anticipated side effect of the Defendant’s entrance due to the disclosure or notification order; and the possible side effect.