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(영문) 서울중앙지방법원 2020.10.30 2020고합647

강간미수

Text

A defendant shall be punished by imprisonment for two years.

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

Reasons

Punishment of the crime

The defendant from around 23:55 on February 15, 2020

2. When the victim B, while under the influence of alcohol between 00:25 and 16. 16. 16.25, was refused when the victim C, who was under the influence of alcohol (n, 24 years old), was in front of the defendant's dwelling, and tried to use the victim's own kis, and tried to use the victim's own kis. In order to suppress and rape the victim's resistance, "at all times" means "at all times," the victim's knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife k to the victim's.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning B;

1. A written statement of the reporter;

1. Photographss and field photographs of the defendant's wife;

1. A medical certificate and a copy of medical examination and treatment;

1. Application of the message legislation

1. Articles 300 and 297 of the Criminal Act applicable to the crimes;

1. Article 25 (2) and Article 55 (1) 3 of the Criminal Act for mitigation of attempted crimes;

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

1. It is determined that such exemption from disclosure orders and notification orders may have the effect of preventing re-offending even with the sentence of imprisonment to the Defendant, the proviso to Article 49(1) and the proviso to Article 50(1) of the former Act on the Protection, etc. of Children and Juveniles against Sexual Abuse (amended by Act No. 16622, Nov. 26, 2019), and the completion of sexual assault treatment programs with respect to the registration of personal information may have the effect of preventing re-offending. In addition, the Defendant’s character, conduct, environment, and means and result of the crime.