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(영문) 서울중앙지방법원 2018.04.06 2018고합33
준강간미수
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

The Defendant, at around 04:00 on July 16, 2017, 2017, she dumped from the second floor of the “penta” floor located in Gyeonggi-gun, Gyeonggi-do, to the side of the victim D (Inn, 27 years of age) under the influence of alcohol, she shall have the victim’s hump in a manner consistent with the victim’s entrance, she has exceeded the brogate of the victim, and she has her chestd the victim’s chest, she has exceeded the victim’s panty, and then put the victim’s body into the part of the victim’s sexual organ. However, the victim who was broken in a diving to the part of the victim’s humbre, “whether she will be subject to the humb

As ", the defendant could not be said to be the wind that is boomed and pushed down by the defendant."

Accordingly, the defendant attempted to have sexual intercourse with the victim by taking advantage of the victim's resistance impossible condition.

Summary of Evidence

1. Statement of the defendant in the first trial record;

1. Statement made by the police against D;

1. Police seizure records;

1. Each gene appraisal report;

1. Application of Acts and subordinate statutes on medical records for victims of sexual assault;

1. Articles 300, 299, and 297 of the Criminal Act concerning the facts constituting an offense;

1. Mitigation of attempted punishment: Articles 25(2) and 55(1)3 of the Criminal Act;

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. Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from an disclosure order and an order of notification order, the proviso to Article 49(1) and the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse (the Defendant has no record of being subject to criminal punishment for sexual crimes before the instant case, and has no record of being convicted of committing sexual crimes, and is acting against himself/herself.

In addition, the sentence of imprisonment to the defendant, the registration of personal information, and the completion of a sexual assault treatment program can have the effect of preventing recidivism to a certain extent.

I seem to appear.

In addition, the defendant's age, environment, motive for the crime, method and consequence of the crime, the degree and expected side effects of the defendant's disadvantage due to the disclosure and notification order, and sexual crimes subject to registration that may be achieved thereby.

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