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(영문) 부산지방법원 동부지원 2015.01.30 2014고합235
준강간미수등
Text

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

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

Reasons

Punishment of the crime

1. On September 14, 2014, at around 01:22, the Defendant: (a) had the intent to have sexual intercourse with the victim E (the 22 years of age), who was under the influence of alcohol prior to D located in Busan Southern-gu, Busan-gu; (b) had the victim caused the victim in approximately approximately 180 meters section from the above place to the simplified group located adjacent to the Busan-gu F Housing; and (c) had the victim her own view to have her escape, leading the victim again, who is expected to sit in a fluent rice.

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

2. At around 01:53 on September 14, 2014, the Defendant attempted to engage in sexual intercourse by putting the victim’s breath and panty off and inserting her sexual organ into the part of the victim’s sound, but the Defendant did not have attempted to engage in such sexual intercourse with the police upon receiving a report, by putting the victim’s breath and panty into the part of the victim’s breath in a state where the victim was unable to resist by drinking.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. A written request for appraisal;

1. On-site photographs, investigation reports (on-site investigation reports), investigation reports (on-site CCTV images), investigation reports (on-site CCTV images), accompanying materials, investigation reports (on-site CCTV images), accompanying materials, and accompanying materials at the time of the investigation report and dispatch, and the application of statutes;

1. Articles 300, 299, and 297 of the Criminal Act concerning the crime concerned and Article 288 (1) of the Criminal Act (the point of kidnapping for the purpose of adultery);

1. Aggravation of concurrent crimes: the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (aggravating concurrent crimes within the extent that the punishment is added up the long-term punishment for the crime of attempted quasi-rape with heavier punishment);

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

1. Special cases concerning the punishment, etc. of sexual crimes exempted from disclosure orders and notification orders;

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