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(영문) 인천지방법원 부천지원 2020.01.31 2019고합210

준강간미수

Text

A defendant shall be punished by imprisonment for one year.

The defendant shall be ordered to complete the sexual assault treatment program for 40 hours.

Reasons

Punishment of the crime

On January 13, 2019, the defendant and the victim B (the family name, the female, the age of 21) were first viewed, and the victim was located in the male-gu of the victim and the "D" joint soil frying room located in Songpa-gu Seoul, Songpa-gu, Seoul, together with the male-gu of the victim and the "D" frying room for male and female joint soil frying around 03:34 on the same day.

On January 13, 2019, between 06:01 and 06:17 on the same day, the Defendant discovered a potential victim in a soup suping soup room for women’s exclusive soil excavation, and committed an indecent act against the victim by taking out the victim’s vessel back to the right side of the victim who is unable to resist.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the Act on the Statement of Evidence to Prosecution B

1. Relevant Articles of the Criminal Act and Articles 299 and 298 of the Criminal Act concerning the crimes;

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

1. In light of Articles 47(1) and 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from disclosure and notification orders, the proviso to Article 49(1) and the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse (the Defendant’s age, environment, criminal record, risk of recidivism recognized through the records and pleadings of the instant case, and other benefits and effects expected by the disclosure or notification order of the instant case, and disadvantages and side effects therefrom, there are special circumstances in which the disclosure or notification of the Defendant’s personal information may not be given,

1. The main sentence of Article 56 (1) and (2) of the Act on the Protection of Children and Juveniles against Sexual Abuse, Article 2 of the Addenda to the Welfare of Disabled Persons Act ( December 11, 2018), the main sentence of Article 59-3 (1) and (2) of the Act on Welfare of Disabled Persons;

1. Scope of applicable sentences under law: One month to ten years of imprisonment;

2. The scope of recommended sentences according to the sentencing criteria (the determination of types of sex offenses);

B. The crime of indecent act by compulsion (the 13 years old or over) is committed (the 1 type).