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(영문) 전주지방법원 군산지원 2014.11.07 2014고합166
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 80 hours.

Reasons

Punishment of the crime

On September 20, 2014, around 00:50, the Defendant attempted to engage in a sexual intercourse with the victim’s shoulder and part of the part of the body of the victim, without being subject to sexual desire after being provided with a massage service from the victim at E stores operated by the victim D (Innsan City, 41 years old), which are located on the victim’s second floor, and going beyond the victim’s shoulder and part of the part, and tried to keep the victim’s chest on the body of the victim. However, the Defendant did not commit an attempted sexual intercourse with the victim’s husband’s wind, which was seeing the victim’s undefluence, but did not go through the victim’s husband’s attempt to restrain.

Summary of Evidence

1. Defendant's legal statement;

1. Statement by the prosecution concerning D;

1. Application of statutes on field photographs;

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. Where a guilty verdict is issued as to whether to issue an order to disclose or notify personal information to the accused as to whether the accused is subject to Article 42(1) or 43 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order, etc. of Sexual Crimes under Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order (where a conviction is finalized on the crime of this case which is a sex offense subject to registration), an order to disclose or notify such information shall be issued simultaneously pursuant to Articles 47(1) and 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes against Children and Juveniles, and Articles 49(1)2 and 50(1)2 of the Act on the Protection, etc. of Children and Juveniles against Sexual Abuse; however, the accused himself/herself is recognized of the crime of this case and it is difficult to conclude that the accused has a risk of repeating a crime in light of the age, occupation, anticipated side effects, etc. of the accused's entrance due to order.

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