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(영문) 서울북부지방법원 2016.06.24 2016고합234
강간미수
Text

A defendant shall be punished by imprisonment for two years.

The defendant shall order the completion of a sexual assault treatment program for 40 hours.

Reasons

Punishment of the crime

On May 3, 2016, at around 00:14, the Defendant: (a) on the road in front of the apartment of Nowon-gu in Seoul Special Metropolitan City, the victim D (Woo, 22 years of age); (b) had the mind to rape the victim; (c) had the victim followed by the victim; (d) had the victim’s back to the victim’s hand; (d) had the victim’s face and neck away from the victim’s seat; and (e) had the other hand; and (e) had the victim’s chested with the other hand, she did not have the victim’s face; and (e) had the chest taken charge of the victim’s chest, “I want to kill the victim”; and (e) did not have the victim’s face her face, and (e) did not have the victim her face her face, and (e) did not have the victim her face her face her face, etc., and (e) did not have the victim’s her face her face.”

Accordingly, the defendant tried to rape the victim, but attempted to commit a crime.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement of each police statement with respect to D, E, and F;

1. Application of each of the visual Acts and subordinate statutes to photographs of the victim, victim photographs, and CCTV closure photographs;

1. Articles 300 and 297 of the Criminal Act concerning the facts constituting the crime;

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) proviso of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes Exempted from the disclosure order and notification order, the proviso to Article 49(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, and the proviso to Article 50(1) proviso [the Defendant’s age, occupation, family environment, social relationship, criminal record and recidivism risk, disclosure order and notification order, and the profits and effects expected from such order.

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