준강간미수
A defendant shall be punished by imprisonment for not more than ten months.
To order the defendant to complete a sexual assault treatment program for 40 hours.
Punishment of the crime
From March 26, 2017, the Defendant, from around 01:00 on March 26, 2017, had been suffering from having sexual intercourse with the victim E (the 20-year-old-old-age-age-age-age-age-age-age-age-age-based-based-based-based-based-based-based-based-based-based-based-based-based-based-based-based-based-based-based-based-based-based-
around 04:00 on the same day, the Defendant had the victim drinked alcoholic beverages from other daily behaviors with the victim.
In a false manner, the victim was placed in G hotel located in F (hereinafter “the instant telecom”) 703 (hereinafter “the instant telecom”) with G hotel located in F (hereinafter “the instant telecom”), and was under the influence of alcohol, and was laid off the victim’s name and bucks, and tried to put the victim’s sexual organ into the victim’s negative part, and then put the victim’s sexual organ into the victim’s negative part, but the victim continued to have sexual intercourse with the victim, despite the victim’s words “not bucking,” but the victim did not resist the victim “not bucking.”
Accordingly, the defendant attempted to rape by using the victim's state of resistance impossibility.
Summary of Evidence
1. Part of the defendant's legal statements;
1. Determination of witness E and H’s legal statement and defense counsel’s assertion
1. The gist of the allegation is that the Defendant agreed with the victim and did not have the intent to engage in sexual intercourse by taking advantage of the victim’s non-refluence status, and the victim was not at the time when the Defendant intended to engage in sexual intercourse. As such, the Defendant is not guilty.
2. Determination
A. The core evidence supporting the instant facts charged
It is found that there are many cases in the police and legal statements of the victims as follows:
1) With respect to the situation at the time of the victim’s attempt to commit quasi-rape in the police, the victim is tight, boomed, and “I do not mae.”