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(영문) 수원지방법원 성남지원 2017.09.14 2017고합119

준강간미수등

Text

Defendant shall be punished by imprisonment for a term of one year and six months.

To the defendant, the defendant shall complete the sexual assault treatment program for 40 hours.

Reasons

Punishment of the crime

1. On August 24, 2016, the Defendant: (a) around 23:00, at D restaurants located in Gwanak-gu in Seoul Special Metropolitan City, Seoul Special Metropolitan City on August 24, 2016; (b) had the victim E (the victim 22 years of age) who first performed drinking with the cell phone display method on the same day; and (c) had the victim taken the drinking back to the Gel in F, and had the victim taken the drinking back to the Gel in F; and (d) had the victim taken the drinking back to the Gel in F, around 02:10 on the following day.

Defendant, who was discharged from all the clothes of the victim under the influence of alcohol as set forth in the above 302, was placed on the bend, was frightened by the body of the victim who was locked, and attempted to have sexual intercourse with the victim by promptly holding the victim’s chests as his hand, but did not have such intent on the wind that the victim’s body was rejected, such as booming the body.

Accordingly, the defendant attempted to engage in sexual intercourse by using the victim's non-opportunable condition.

2. On August 25, 2016, around 07:46, the Defendant: (a) at the I convenience store operated by the victim’s name in the Gwanak-gu Seoul Special Metropolitan City, Seoul Special Metropolitan City, for three thousand and six hundred (3,600) won for three (3) bottled drinking water such as Domoms; (b) as if the Defendant was the one who had his/her own right to use the e-owned Bank Cze Card; and (c) by deceiving the victim, the Defendant acquired economic benefits equivalent to the said amount by having the victim settle the drinking water with the E-owned Bank Cze Card.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Investigation report (related to entry into and departure from the Gelel);

1. Application of Acts and subordinate statutes on the receipt of photographs, the details of approval for domestic and foreign transactions, the written response by the National Institute of Scientific Investigation to an appraisal by the National Institute of Scientific Investigation, D (ctv image photographs), Gel admission, access video (one CD), Gel settlement receipt, and I convenience store settlement receipt;

1. Relevant provisions of the Criminal Act concerning the facts constituting an offense, Articles 300, 299, 297 of the Criminal Act (the point of attempted quasi-rape) and Article 347 (1) of the Criminal Act (the point of fraud and the choice of imprisonment);

1. The former part of Article 37 of the Criminal Code, and Article 38.