(영문) 서울서부지방법원 2019.08.29 2019고합92

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자간(%)

(영문) 서울서부지방법원 2019.08.29 2019고합92

강간미수

Text

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

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

Reasons

Punishment of the crime

Around 15:00 on November 18, 2018, the Defendant called “I will attend above the victim’s body” in his residence in Seodaemun-gu Seoul, Seodaemun-gu, Seoul. The Defendant: (a) obstructed the victim from leaving the victim’s body and clothes; (b) forced the victim from leaving the victim’s body and clothes; and (c) forced the victim to leave the victim’s body and clothes above the victim’s inner part, and forced the victim’s chest, and exceeded the victim’s inner part. However, the Defendant saw the victim’s her body and clothes into the part of the victim’s body, her body and clothes, and continued to get the victim’s hand off; and (d) tried to get the victim out of the body of the victim’s body and her inner part, and tried to get the victim out of the victim’s body and to prevent sexual intercourse; and (d) tried to have the victim out of the victim’s body and part of the victim’s body and the victim did not have sexual intercourse with the victim’s hand.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. Statement to C by the police;

1. Application of the Acts and subordinate statutes to send text messages to the studio mail;

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

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Grounds for sentencing under the main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed;

1. Scope of applicable sentences under law: Imprisonment with prison labor for one year and six months to fifteen years;

2. The Defendant, who had been aware of the Internet game, tried to have sexual intercourse with another victim by force.

Before attempting to commit rape, the Defendant threatened the victim by cutting down the clothes of the victim and drinking the chest on the ground that the victim was locked, even before attempting to commit rape.

The defendant has attempted to engage in sexual intercourse for a considerable time, and the victim himself.

참조조문

-성폭력범죄의 처벌 등에 관한 특례법 제16조 제2항

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