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(영문) 서울동부지방법원 2016.10.27 2016고합226

준강간미수

Text

A defendant shall be punished by imprisonment for not less than one year and six months.

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

Reasons

Punishment of the crime

On January 23, 2016, at around 02:30, the Defendant: (a) followed the Victim F (one, two years of age) who walked a mixed drinking on the side table table in the “E” in Gangnam-gu Seoul, Gangnam-gu, Seoul; (b) followed the Victim, who walked into the said Victim; (c) followed the Victim, who was under the influence of alcohol after he she waled with the drinking and then was frighted to the said Victim; and (d) went the Victim to the Hambel located in Songpa-gu Seoul, Songpa-gu, to the 206 Hel.

On January 23, 2016, at around 03:00, the Defendant: (a) laid a breath in a burine 206 room; (b) laid a burged victim who was drunk and was unable to sleep properly; and (c) laid off the victim’s burgs and clothes, who was unable to resist under the influence of alcohol; (d) laid off the victim’s burgs and clothes; and (e) laid off the victim’s body.

피고인은 피해자의 몸 위에 올라타 입으로 피해자의 귓불과 가슴을 빨고 손으로 피해자의 가슴, 엉덩이, 음부를 만지면서 피해자를 간음하려고 하였으나, 이에 잠시 정신이 든 피해자가 ‘나, 에이즈에 걸렸다. 그만 둬라. 안 그러면 신고하겠다’라고 말하며 저항하는 바람에 그 뜻을 이루지 못하고 미수에 그쳤다.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of the witness F (victim's name);

1. A written statement of I (Inteel Employees) and J (Innam-gu);

1. The CCTV image of the Hemoto;

1. A gene appraisal report and a legal chemical appraisal report;

1. Determination as to the assertion by the defendant and defense counsel on investigation report (K counterpart for employees in the E main office), investigation report ( telephone conversations for reference L], defendant and defense counsel

1. The gist of the assertion was that the victim did not appear in the state of mental disorder or non-opportune by drinking at the time of committing the crime, and that the victim did not want to do so and did not have the intent of quasi-rape because the victim discontinued the crime under the agreement or understanding with the victim.

2. The crime of quasi-rape under the relevant legal principles is established by having sexual intercourse with a person’s mental or physical condition of disability or impossibility to resist.

참조조문