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(영문) 서울남부지방법원 2015.02.06 2014고합439
강간미수
Text

A defendant shall be punished by imprisonment for not less than two years and six months.

The defendant shall be ordered to complete the sexual assault treatment program for 80 hours.

Reasons

Punishment of the crime

On July 26, 2014, the Defendant came to know the victim E (the age of 29) who is attending the D University Language Party at a conference. On July 28, 2014, around 18:00, the Defendant induced the victim to gather shopping and low-suppers with the victim, who made a shopping and low-suppering copying with the victim, and wanted to experience the Korean Moel culture.

On July 28, 2014, from around 23:00 to the next day from around 03:46, the Defendant exceeded the victim’s pantyty in Gangseo-gu Seoul Metropolitan Government F from 508 to the victim’s resistance, and the victim forced her pantyty, went off by force, and broken up two cups and alcohols in the her motherel.

Since then, while the Defendant tried to rape the victim's bridge by using his hand and auss, the Defendant intending to capture the victim's bridge. However, as the victim resisted the bridge, he saw the victim to take a bath, and left the her dog by cutting off the victim's body, leaving the her body on the bed, and making the bed by drinking the bed, and then leaving the bed by drinking the bed, the Defendant considered the victim's head as soon as possible. In order to become aware of a sexual relationship, the Defendant saw the victim's head as soon as possible.

When the victim refuses to do so, the defendant said that "the scam in his hand scam," caused the victim to scam the sexual organ of the defendant, and then intended to rape the victim directly because he would do so. However, the victim attempted to scam with the wind that he can scam in the room.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of the witness H and E;

1. Application of CCTV image CD-related Acts and subordinate statutes;

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

2. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

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

4. 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, and the Act on the Protection of Children and Juveniles against Sexual Abuse.

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