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(영문) 광주지방법원 순천지원 2014.10.30 2014고합192
준강간미수등
Text

A defendant shall be punished by imprisonment for one year.

The defendant shall be ordered to complete the sexual assault treatment program for 40 hours.

Reasons

Criminal facts

1. The Defendant: (a) around September 4, 2014, around 06:30, performed drinking in the house room of the male and female E living together with D apartment 108 1004 dong 1004; (b) together with E and female ma, F, the victim G (the age of 30).

At around 07:30 on the same day, the Defendant knew of the fact that the victim entered a small room under the influence of alcohol, and entered a small place between E and F, and her f drink and go in dialogue.

In order to report the victim who had been able to resist without being able to resist, and to have sexual intercourse with the victim, the defendant exceeded the victim's panty, and left the defendant's seat, and did not have sexual intercourse with the victim who entered the place where E and F are small.

2. The Defendant, at around 14:00 on September 4, 2014, committed indecent act by compulsion, at the emergency room of the I Hospital located in H, and at the time of the crime of paragraph (1), E, which was shocked by committing the crime of paragraph (1) and sent back to the above emergency room, called “to see the victim and the talk,” and when the victim left a part of the victim by putting the hand on the part of the victim, the Defendant forced the victim to commit an indecent act by forcing the victim by inserting the hand into the part of the victim’s clothes.

Summary of Evidence

Defendant’s legal statement

Article 300, Article 299, and Article 297 of the Criminal Act (the attempted quasi-rape) on the criminal facts applicable to E, F, G, and J’s investigation report (re-verification of CCTV in an emergency room of an I Hospital), and Article 298 of the Criminal Act, Article 25(2) and Article 55(1)3 of the Criminal Act (the crime of attempted quasi-rape) aggravated concurrent crimes (the crime of attempted quasi-rape) under the former part of Article 37 of the Criminal Act, Articles 38(1)2 and 50 of the Criminal Act, Articles 53 and 55(1)3 of the Criminal Act (the first sentence of sentencing) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (the top sentence in favor of the reasons for sentencing) do not have any history of a sex crime against the accused who failed to issue an order of disclosure notification or notification under the main sentence of Article 16(2) of the Criminal Act.

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