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(영문) 서울중앙지방법원 2013.12.18 2013고합1000

준강간미수등

Text

A defendant shall be punished by imprisonment for one year.

The defendant shall be ordered to complete the sexual assault treatment program for 80 hours.

Reasons

Punishment of the crime

1. On May 17, 2013, the Defendant: (a) 1st floor “E” on the first floor of a hotel located in Gangnam-gu Seoul, Gangnam-gu, Seoul; (b) 1st, Mongolian victim F (n, 45 years of age), an interpreter, together with Korean people, including G and H, and Mongolian, did not drink the body properly by drinking alcohol; (c) 2nding the victim with the above H, she laid off the victim on the bed of the said D hotel No. 406 and brought the card 406.

On May 17, 2013, the Defendant: (a) 02:30 on May 17, 2013, entered the said hotel Nos. 406; (b) was discharged from all clothes of the victim under the influence of alcohol; and (c) attempted to commit rape by inserting the victim’s chest and fright to the victim’s body; and (d) was attempted to commit rape by inserting the victim’s sexual organ into the victim’s body.

Accordingly, the Defendant attempted to rape the victim in a state of impossibility to resist.

2. At around 05:30 on May 17, 2013, the Defendant: (a) intruded with the hotel No. 406, as indicated in the preceding paragraph, and laid off all clothes after committing a crime; (b) together with the said victim; (c) led the victim to a shoulderer, knife, knife, and knife the victim’s knife, knife the victim’s knife, knife the victim’s knife, knife the victim’s knife; and (d) committed indecent act by force by inducing the victim’s chest.

Summary of Evidence

1. Defendant's legal statement;

1. Each legal statement in witness F, G, H, and I;

1. Part of the prosecutor's statement against the defendant

1. The police statement concerning F;

1. Field photographs, etc.;

1. Application of Acts and subordinate statutes to a report on internal investigation (the details of letters written on suspected victims), text messages, investigation reports (investigation into telephone conversations of victims), investigation reports ( acceptance of a written complaint) and investigation reports (Analysis of the CCTV screen);

1. Relevant legal provisions concerning facts constituting an offense, and Articles 300, 299, and 297 of the former Criminal Act (amended by Act No. 11574, Dec. 18, 2012; hereinafter the same shall apply), Article 298 of the Criminal Act concerning the choice of punishment, and Article 298 of the Criminal Act

1. Legal provisions;