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(영문) 인천지방법원 2021.02.18 2020고합712

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

A victim B (hereinafter referred to as "victim") is a female-friendly relationship with C, a female-friendly relationship of the defendant.

At night on May 16, 2020, the Defendant drinked alcoholic beverages with five victims, victims, and five other persons at the residence of the victim in Incheon Southerndong-gu, Incheon, and attempted to take a part in the victim’s drinking room on May 17, 2020: around 03:0-04:00 on May 17, 2020 to 04:0, on the part of the victim, the Defendant was under the influence of alcohol, and was under the influence of the Defendant’s bar and under the influence of the Defendant’s bar and clothes, the Defendant was trying to put the Defendant’s sexual flag into the part of the victim’s drinking and continuously inserting the Defendant’s sexual organ into the part of the victim’s drinking, and the victim was unable to go through the Defendant’s refusal and refusal to put the Defendant into his hand.

Accordingly, the defendant tried to have sexual intercourse with the victim who is mental or physical loss.

Summary of Evidence

1. Statement by the defendant in court;

1. B (tentative name) and B (tentative name) written complaints filed by each police statement made by the police in relation to D;

1. Application of the laws and regulations governing Kakao Stockholm messages;

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 among the reasons for sentencing)

1. Article 62 (1) of the Criminal Act on the suspended 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 Sexual Crimes;

1. Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from an order to disclose or notify, and Article 49(1) proviso and 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) (which had no record of having been punished as a sexual crime in the past) (the defendant has no record of having been punished as a sexual crime in the past, and there is a risk that the defendant might have recidivism or recidivism of a sexual crime in light of the circumstances of the crime

It is difficult to conclude the registration of personal information on the defendant, taking lectures to treat sexual assault, restrictions on employment, etc.