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(영문) 수원지방법원 안산지원 2014.07.25 2013고합387
강간미수
Text

1. The defendant shall be punished by imprisonment for two years;

2. To order the accused to complete a sexual assault treatment program for 120 hours;

Reasons

Punishment of the crime

On September 3, 2013, the Defendant worked in the job placement service, who was the victim of the victim D (at least 35 years of age) and alcoholic beverage known in the job placement service at a restaurant located in Ansan-si, a member C, Agsan-si on September 23:30, 2013.

The Defendant refused the victim to be accommodated in the telecom, did not get off from the five-story elevator, forced knife the victim's hand, knife the victim from the elevator, knife the victim into the above telecom room, let the victim pushed off on the part of the victim, prevented the victim from resisting against the victim's body, and attempted to engage in sexual intercourse, but the victim failed to do so with the strong resistance of the victim, such as taking the knife of the victim's knife and holding the body knife.

Accordingly, the defendant attempted to rape the victim by assault.

Summary of Evidence

1. Statement of the accused in the first protocol of trial;

2. Application of the police statement law to D;

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

2. Statutory mitigation under Articles 25 (2) and 55 (1) 3 of the Criminal Act;

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 the Disclosure Order and Notification Order; Article 49(1) proviso of the Act on the Protection of Children and Juveniles against Sexual Abuse; Article 50(1) proviso of the Act on the Protection of Children and Juveniles against Sexual Abuse appears to have committed the instant crime with a heavy drinking, and the commission of the instant crime is likely to have committed the crime, and there is no record of punishment for a sex crime, and the Defendant’s age, occupation, family relationship, and disclosure order or notification order to the Defendant, and other circumstances indicated in the records, such as disadvantages and side effects, shall not be disclosed or notified.

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