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(영문) 울산지방법원 2013.12.06 2013고합242
준강간미수등
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 two years from the date this judgment becomes final and conclusive.

Reasons

Criminal facts

1. Around 03:00 on April 22, 2012, the Defendant: (a) was at the E-ju shop, an entertainment drinking house operated by the Defendant in Ulsan-gun, Ulsan-gun; (b) when the victim G (in women, 17 years of age) was under the influence of alcohol to the extent that he was unable to resist himself to the extent that he was unable to do so; (c) was able to rape the victim; (d) around 05:30 on the same day, the Defendant got her life in Ulsan-gun, Ulsan-gun, 303.

The Defendant, at this place, laid the victim from the room, laid off the victim's panty, cut off the victim's panty, and spanty, laid down the spanty of the victim by walking above, and attempted to spanty off the victim's spanty and panty with the victim's spanty, put the victim's spanty and panty into the victim's spanch, but the police officer failed to come out of the police officer's spanch and attempted to put the victim's spanty into the victim's spanch.

2. Violation of the Juvenile Protection Act;

(a) The owner of a business establishment harmful to juveniles shall, in case where he intends to employ the employees, confirm their ages, and shall not employ the juveniles; and

Nevertheless, from February 2, 2012 to April 22, 2012, the Defendant employed a juvenile F (18 years of age) as an employee without verifying the age of the juvenile at a business establishment harmful to juveniles, such as Paragraph (1), as an entertainment drinking house, from February 2, 2012.

(b) The owner or an employee of a business establishment banned from allowing access by and employing juveniles shall verify the age of the persons who have access to the business establishment and shall prohibit juveniles from entering or using the business establishment;

On 2, 2012. 01. 01. 22. 01. 01. 00, the Defendant entered the business establishments banned from entering and leaving juveniles (including 17 years of age) and one other, who are juveniles, without verifying the age.

Summary of Evidence

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

1. Each police statement made to G, I, and F;

1. Each investigation report (the first on-site situation, detection of public morals business places, Enonobian site situation, reference witness I telephone statement), control report on public morals business places, and notification of detection of business places violating the Juvenile Protection Act;

1. Medical records for victims of sexual assault;

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