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(영문) 의정부지방법원 고양지원 2018.07.24 2018고합90

준강간미수

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

At around 01:00 on March 2, 2018, the Defendant: (a) deemed that a female employee E (the 24-year-old age), as a consequence of drinking alcohol together with customers, including the Defendant, had the right to drinking alcohol, was set off on the table, was set off the victim’s stroke, cut off the stroke, cut off the stroke, cut the victim’s chest, and tried to engage in sexual intercourse by taking advantage of the victim’s resistance impossible condition; (b) the Defendant attempted to engage in sexual intercourse by taking advantage of the victim’s chest, stroke, sound, etc. with his hand, but the Defendant did not achieve that intent and attempted to do so.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. E statements;

1. Application of Acts and subordinate statutes to photographs damaged;

1. Articles 300, 299, and 297 of the Criminal Act concerning the facts constituting an offense;

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances shall be considered for the reasons for sentencing):

1. Article 62 (1) of the Criminal Act on the stay of execution (Article 62 (1) of the Criminal Act on the following grounds for sentencing);

1. The main sentence of Article 16 (2) and Article 16 (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes against Order to attend a lecture or community service order;

1. The proviso to Article 49(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, 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 (the instant crime is not an offense against an unspecified victim; the Defendant is not a criminal offense against an unspecified victim, and there is a risk of repeating a sexual crime in general as he/she had no same criminal record

It is difficult to conclude that the defendant has an effect to prevent recidivism only with the registration of personal information and the completion of sexual assault treatment programs.

In full view of other circumstances such as disclosure order, notification order, and employment restriction order, social benefits expected by sexual crime prevention effect, disadvantage and anticipated side effects of the defendant, etc., the personal information of the defendant shall be disclosed or notified or juvenile-related institutions, etc.