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(영문) 서울서부지방법원 2014.10.21 2014고합201
준강간미수
Text

A defendant shall be punished by imprisonment for three years.

The defendant shall be ordered to complete the sexual assault treatment program for 40 hours.

Reasons

Punishment of the crime

On July 5, 2014, at around 01:05, the Defendant: (a) discovered the victim E (at least 22 years of age) who was drunk and was seated on the street in front of Mapo-gu Seoul Metropolitan Government; (b) discovered the victim E (at least 22 years of age); and (c) carried the victim into “G music” located in F by shouldering the victim.

The Defendant continued to arrive in the instant singing room and pay a fee in advance, and thereafter, she sees the victim who is in the mind of being drunk, lost his mind, and was placed on the 10th scam in a sofa, and she sees the victim, using the state in which the awareness of the victim is unknown, she was able to rape the victim by using the victim’s scam, off the scam, cut the victim’s bros, cut the bros, cut the bros, cut the bros, cut the bros of the victim into the chest, cut the bros of the victim, cut the bros of the victim, and sexual intercourse once by inserting the sexual organ into the part of the victim’s sound.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness E and H;

1. The third protocol of interrogation of the accused prepared by the public prosecutor, which contains some statements;

1. Receipt of damage, investigation report (Attachment to the CCTV screen, CCTV screen on a mobile phone, etc.), and drilling (Attachment to CCTV at a criminal scene);

1. The application of Acts and subordinate statutes to a request for appraisal;

1. Articles 299 and 297 of the Criminal Act applicable to the facts constituting an offense;

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

3. Determination on the Defendant’s assertion under Article 47(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, 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 Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse

1. The gist of the Defendant’s assertion was that there was no intention of quasi-rape, since the Defendant, with the consent of the victim or at least the consent of the victim, tried to have sexual intercourse with the victim.

Also, the Defendant.

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