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(영문) 서울남부지방법원 2018.10.25 2018고합295
준강간미수
Text

Defendant shall be punished by imprisonment for a term of one year and six months.

The defendant shall be ordered to complete 80 hours of sexual assault treatment programs.

Reasons

Punishment of the crime

On April 24, 2018, at around 05:00, the Defendant tried to get out of the victim E (the age of 27) the body of the divingd victim E (the age of 27) located in Guro-gu Seoul Metropolitan Government, and to put out the victim’s scoo and clothes, and to inserting the victim’s sexual organ into the part of the victim’s sound. However, the Defendant attempted to get out of the mashing, she was unable to bring out the victim’s flaps and resistance, and failed to bring out the intent.

Accordingly, the defendant tried to engage in sexual intercourse by taking advantage of the victim's mental or physical loss.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness E;

1. A protocol concerning the examination of suspect by some police officers against the defendant (including part concerning the whole interrogation);

1. Statement made by the police for E;

1. Complaints, explanatory notes, text messages, recording records, and CCTV images of the telecom;

1. Application of Acts and subordinate statutes to a report on investigation (Submission of detailed data on the victim's photograph);

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

1. In full view of all the circumstances, including the Defendant’s age, occupation, family environment, circumstances leading to each of the instant offenses, the low risk of recidivism appearing in a criminal record, and other circumstances, such as disclosure or notification order, the effect of prevention of harm and side effects, etc., under Articles 47(1) and 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from disclosure or notification order, the proviso to Article 49(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, and the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse (the Defendant’s age, occupation, and family environment recognized in the record, the circumstances under which

[Determination]

1. Article 3 of the Addenda to the Act on the Protection of Children and Juveniles against Sexual Abuse ( January 16, 2018), the former Act on the Protection of Children and Juveniles against Sexual Abuse (Act No. 15452, Mar. 13, 2018).

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