logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울북부지방법원 2016.07.15 2015고합428
준강간미수
Text

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

The defendant shall order the completion of a sexual assault treatment program for 40 hours.

Reasons

Punishment of the crime

The Defendant is a person operating air-conditioners and AS companies with the trade name “D” in Seoul Jung-gu, Seoul, and the victim E (V, 33 years of age) was part of the above company from June 22, 2015.

person is a person.

On June 23, 2015, the Defendant: (a) around 19:00, while drinking alcohol with the victim at G cafeteria located in the Seoul Western-gu F, Seoul; (b) drinking alcohol with the victim; and (c) drinking alcohol at the mutual singinginging in the vicinity of the said cafeteria.

On June 23, 2015, the Defendant: (a) reported on June 23, 2015 that the victim was drunk so that he could not walk properly; and (b) made use of such condition that the victim would have sexual intercourse with the victim to a nearby telecom.

On June 23, 2015, the Defendant: (a) around 23:20 on June 23, 2015, she 501 her furcher in H in Seoul Jung-gu; (b) placed the victim on a bed, placed the victim on his/her bed, and her clothes off the victim, and slick the victim by leakage

Around 03:30 on June 24, 2015, the Defendant left her face, and the Defendant was forced to commit an attempted crime by inserting the Defendant’s sexual organ into the victim’s sexual organ by taking advantage of the victim’s potential state of resistance, as soon as possible, inserting the finger into the victim’s sexual organ, and continuing to commit rape by inserting the Defendant’s sexual organ into the victim’s sexual organ. However, the Defendant’s sexual organ was frightened with the Defendant’s sexual organ and attempted to commit an attempted crime.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness E;

1. Application of the Acts and subordinate statutes described in the investigation report (to secure and analyze CCTV video recording);

1. Articles 300, 299, and 297 of the Criminal Act concerning the facts constituting an offense;

1. Mitigation of attempted punishment: Articles 25(2) and 55(1)3 of the Criminal Act;

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. Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from an order to disclose or a notification order, the proviso to Article 49(1) and the proviso to Article 50(1) of the Act on the Protection of Juveniles from Sexual Abuse [the defendant's age, occupation, family environment, social ties, and previous conviction (the defendant is punished as a sexual crime).

arrow