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(영문) 서울북부지방법원 2020.11.13 2020고합162

강간미수

Text

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

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

Reasons

Punishment of the crime

Around 19:00 on December 19, 2019, the Defendant, along with the Victim C (V, 22 years of age) who was friendly in Seongbuk-gu Seoul Seongbuk-gu, Seoul, had the victim under the influence of drinking after drinking alcohol.

Around 21:45 on December 19, 2019, the Defendant: (a) was trying to be exempted from the lower part of the victim, who was under influence of alcohol by entering the Seongbuk-gu Seoul Damoto E, and (b) was attempted to commit rape by suppressing the victim’s resistance against the body of the body while resisting the victim’s refusal to leave the room, due to the defect that the victim attempted to go out of the guest room when refusing to do so; and (c) forced to take the victim’s head debt by force by taking the victim’s buckbuck; and (d) the Defendant attempted to commit rape by suppressing the victim’s resistance against the victim’s body while resisting the victim’s resistance, but the victim failed to bring the escape into the port of resistance.

Summary of Evidence

1. Partial statement of the defendant;

1. A witness C, a witness F’s each legal statement C, a CCTV-cape photograph on F’s each police protocol, a CCTV-cape photograph, a Kakakao Stockholm conversation, a photo of the victim’s face;

1. 112 Reporting case handling table; and

1. Application of Acts and subordinate statutes to report internal investigation (CCTV image analysis), investigation report (Attachment to the contents of the Kakao Stockholm conversation sent by the victim to the male-friendly Gu), investigation report (Attachment to the message sent by the suspect to the victim), investigation report (Attachment to the victim’s face photograph) (Attachment to the victim’

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 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed;

1. An order to disclose or notify an employment restriction order, and exemption from an order to disclose or notify an employment restriction order: Article 47 (1) or 49 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, the proviso to Article 49 (1) or the proviso to Article 50 (1) of the former Act on the Protection of Children and Juveniles against Sexual Abuse (Amended by Act No. 16622, Nov. 26, 2019): Exemption from an employment restriction order: Article 1622 of the Addenda to the Act on the Protection of Children and Juveniles against Sexual Abuse; < Amended by Presidential Decree No. 28039, Nov.