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(영문) 서울서부지방법원 2014.08.06 2014고합116
강간미수
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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 three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On May 9, 2014, at around 05:28, the Defendant followed the victim D (V, 44 years old), etc. who was using an automatic cash withdrawal machine in the 57 Cyti Bank automated Co., Ltd. located in Yongsan-gu Seoul, Yongsan-gu, Yongsan-gu, Seoul, and tried to commemorate the victim's spath and the Defendant's sexual organ into his her mack.

Therefore, as the victim of play referred to in the "dysday", the victim's face was sheeped with the hand floor, and the victim's body was shicked and shicked.

Therefore, the victim has been out of the above automated copon, but the defendant continued to drive away the victim, and the victim's face was increased by hand.

As a result, the Defendant tried to rape the victim by assaulting the victim. However, the Defendant did not commit an attempted crime with the wind that the victim escaped from the taxi, which was frightening to the frighten of the victim and passed around the frighten.

Summary of Evidence

1. Partial statement of the defendant;

1. D's legal statement;

1. Protocol of inspection by this Court;

1. Statement of the D public prosecutor’s preparation;

1. Each report on internal investigation by the police (CCTV and video analysis);

1. Application of Acts and subordinate statutes to CCTV screen pictures;

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

2. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

3. Article 62 (1) of the Criminal Act (The following consideration shall be made again for the reason of sentencing).

4. Article 16 (2) and (3) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes;

5. Article 47 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, the proviso to Article 49 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse / Article 49 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and the proviso to Article 50 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse / The defendant is the same as the defendant prior to the crime

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