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(영문) 서울북부지방법원 2017.01.20 2016고합464
준강간미수
Text

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

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

At around 00:40 on July 3, 2016, the Defendant: (a) operated a taxi that he operated in the vicinity of the D Station in Gwangjin-gu Seoul Special Metropolitan City with the victim E (influence, 23 years of age); and (b) operated a taxi near the Soyang-gu, Seoyang-gu, Seoyang-gu; (c) reported the victim's drunk drinking drinking, and had the victim met with the victim's chest her hand, and had the victim her chest her hand her no resistance; and (d) attempted to rape the victim.

Accordingly, the Defendant, at around 02:15 on the same day, entered the Hel in Gyeyang-gu G in Gyeyang-gu in Gyeonggi-do with the view to having the victim unable to walk properly and walking properly, and opened the above 202 room on the bend, put the victim's chest on the bend, walking the victim's chest in the bend, walking the victim's chest under the influence of alcohol, walking the panty in order to walk the bend, and then entered the victim's chest, fry part, and fright, and attempted to put the victim's chest into the bend while walkinging the sexual organ.

Accordingly, the defendant attempted to rape the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for victims E;

1. A gene appraisal document (record 55 pages), a response to a request for appraisal (Evidence No. 18);

1. Application of CCTV video CD-related Acts and subordinate statutes to the crime scene;

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

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Article 16(2) main sentence of Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, etc. of Sexual Crimes, 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 disclosure and notification order of registered information may have a significant impact on the defendant, so prudenty is necessary.

The crime of this case is not a sexual crime against many unspecified persons, and the defendant has no record of committing a sexual crime.

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