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(영문) 인천지방법원 2017.12.22 2017고합546
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 is a person who operates the key repair company in Incheon Gyeyang-gu, and the victim E (n, 39 years of age) is a woman from the Philippines that has obtained Korean nationality around 2014.

On August 18, 2017, at around 13:30 on August 18, 2017, the Defendant, at the victim’s house located in Gyeyang-gu, Incheon, the F, 125 Dong 1108, explained the details of the replacement of the locking device to the victim who requested repair of the locking device, was able to report that the victim who is a foreigner is married in the house and commit rape.

The Defendant Dad the victim who entered the above house, called "the victim is living with Chinese women, which does not occur." The victim seems to have taken charge of the victim's shoulder, and the victim refused it, and moved the defendant to the damaged ward. However, the victim continued to follow the victim's hand behind the victim's own back to the victim's hand, the victim's chest and her her her bm are met, and the Defendant's her her her her bm and her her her bbbm were unfolded to the victim's her her her bbbbbbbbbbbb, and then put the victim's her her bbb part into the victim's her part.

The Defendant, who suffered excessive disturbance, showed a sexual organ before the victim, committed a self-defense act, and tried to keep the victim in mind, and tried to get out of the victim, but the victim failed to do so with the wind that he strongly pushed the defendant by two descendants, and failed to do so.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement protocol by the police for E;

1. The application of Acts and subordinate statutes, such as a response to a request for appraisal, a reply (No. 17) at the end;

1. Articles 300 and 297 of the Criminal Act concerning the facts constituting the crime;

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 notify disclosure.

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