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(영문) 광주지방법원 2017.11.24 2017고합385
간음약취등
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

1. On September 5, 2017, around 03:50, the Defendant: (a) discovered the victim E (a) who, under the influence of alcohol, was deprived of consciousness on the roads of D High Schools located in Gwangju Seo-gu, Gwangju; (b) discovered the victim E (the 21 year old), and was working in the victim, etc. for the purpose of engaging in sexual intercourse with the victim; and (c) transported the victim on the top of the back seat of the Habb ffopon, which was parked in the G Schlage located in the same Gu F, with the aim of engaging in sexual intercourse with the victim.

Accordingly, the Defendant kidnapped the victim for the purpose of sexual intercourse.

2. Around 04:00 on the same day, the Defendant attempted to engage in sexual intercourse with the victim by carrying the victim kidnapped as referred to in paragraph (1) in the J Hospital parking lot located in Seo-gu, Seo-gu, Seo-gu, Seo-gu, Gwangju, by using a Hebbbblon truck owned by the Defendant, while drunking the victim from the back of the said cargo in the condition that he was unable to resist and resist the said cargo, and cutting off the victim’s clothes under the influence of alcohol, leaving the victim’s chest from Defendant India, and leaving the victim’s chest by hand, and leaving the victim’s chest with the victim’s chest by carrying the victim’s chest. However, the victim was unable to resist in the alcohol, and the escape from the said cargo was attempted to report by telephone.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Investigation report (limited to attachment of photographs verifying the suspect's accompanying site);

1. Application of Acts and subordinate statutes to photograph victims and telephone details;

1. Article 288(1) of the Criminal Act applicable to the crime (the point of kidnapping sexual intercourse), Articles 300, 299, and 297 of the Criminal Act (the point of attempted quasi-rape) of the same Act;

1. Reduction of an attempted punishment: Article 25(2) and Article 55(1)3 of the Criminal Act (limited to an attempted rape);

1. The former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act (an aggravated punishment for the attempted quasi-rape with heavier punishment)

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. Reasons for sentencing under Articles 49 (1) 2 and 50 (1) 2 of the Act on the Protection of Children and Juveniles against Sexual Abuse, who are ordered to disclose or notify;

1. Legal provisions;

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