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(영문) 서울남부지방법원 2013.05.30 2013고합72
강간미수
Text

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

The defendant shall be ordered to complete 40 hours of sexual assault treatment programs.

Reasons

Punishment of the crime

At around 02:30 on January 15, 2013, the Defendant entered the DVD bank 6 room located on the 8th floor of Gangseo-gu Seoul Metropolitan Government building C, with the victim E (man, 21 years of age) who became aware of the fact that he had come to view the film.

The defendant knew that the victim was introduced by another male in the way that he was placed in a cell phone with the victim's cell phone, and the victim was able to get another male.

Accordingly, the injured party, the accused, and the defendant are sitting the injured party in a sofash where he is the victim's seat, forced the injured party to be fashed, forced to be fashed, fashed into the panty of the injured party, fash the breast by putting the hand into the panty of the injured party, fash the fash into the panty of the injured party, cut off the fash, cut off the fash from the fash of the injured party, and fash the fash of the injured party's body.

Therefore, the victim gets a sound and brut, etc., but the defendant satisfed against the victim's resistance, such as the victim's brush and booming the victim's body, etc.

As a result, the defendant tried to rape the victim, but he attempted to commit an attempted crime on the wind that the victim gets sound and requests help through his personal philopon.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement of E;

1. Application of Acts and subordinate statutes to field exit reports and investigation reports;

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

1. Mitigation of discretionary mitigation under Articles 53 and 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;

1. Any of the grounds for exception to disclosure orders and notification orders under the proviso to Article 37(1) and the proviso to Article 41(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, which may be exempted from disclosure orders and notification orders, under the proviso to Articles 37(1) and 41(1);

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