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(영문) 서울중앙지방법원 2018.02.09 2017고합1184

강간미수

Text

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

To order the defendant to complete a sexual assault treatment program for 40 hours.

Reasons

Punishment of the crime

The Defendant, while serving as the head of the main office of D in Gangnam-gu Seoul Metropolitan Office 1, has a sense of interest to the victim E (n.e., 20 years of age) who is a part-time student of the above main office in Pyeongtaek-gu, Seoul. On June 25, 2017.

“Along with the victim,” the victim and the victim were able to drink and drink the alcohol, and around 01:30 on June 26, 2017, after drinking the alcohol.

On June 26, 2017, at around 01:40, the Defendant got into the house of Seocho-gu Seoul, where the victim was living, and went into the house without obtaining the consent of the victim. The victim was opened to pretend that the victim was living in the toilet while the defendant waiting to return to the house, and then opened the door to see that the victim was living in the toilet, and then the victim, who was known to the defendant, was sent to the room of the victim, was set up in around 02:50 on the same day of the victim, she gets out the bed from the toilet, she gets out of the bed, her body of the victim, forced the victim to put the victim into the bed, her chest into the body of the victim, she boomed the victim's chest, and tried to have sexual intercourse with the victim, but the victim did not have sexual intercourse with the victim by promptly putting the victim's secret and chest, getting out the victim's home and her clothes, and attempted to have sexual intercourse.

At the same time, it did not go against the intention and did not go against the attempted crime.

Summary of Evidence

1. Partial statement of the defendant;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Statement made by the police for E;

1. A photograph of the scene of the crime and a list of reported cases;

1. The application of Acts and subordinate statutes to voluntarily accompanying reports and investigation reports (indecent conduct by force and response to requests for appraisal with a country);

1. Articles 300 and 297 of the Criminal Act concerning the facts constituting the crime;

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 shall be considered for the reasons for sentencing):

1. The main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order;

1. An order of disclosure; and