logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울서부지방법원 2019.02.12 2018고합290
준강간미수
Text

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

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

Reasons

Punishment of the crime

On June 24, 2018, at around 00:30 on June 24, 2018, the Defendant tried to collect the fingers from the victim E, who is the seat of D, attending the above strike, while the Defendant’s living place located in Mapo-gu Seoul building C, and was able to capture the Defendant’s sexual organ into the victim’s knife and panty, but the Defendant attempted to remove the knife on the part of the victim’s knife and knife knife knife knife knife knife knife knife knife knife knife knife.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of E and F;

1. Application of Acts and subordinate statutes to a report on investigation (the contents of conversations between witnesses and video attachment);

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

1. Article 25 (2) and Article 55 (1) 3 of the Criminal Act for mitigation of attempted crimes;

1. The main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed;

1. Comprehensively taking into account the following circumstances: (a) Articles 47(1) and 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from an order to disclose or notify information; (b) the proviso to Article 49(1); and (c) the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse (the Defendant has no record of punishment prior to the instant crime; (c) the Defendant’s sentence against the Defendant; (d) personal information registration; and (d) the completion of sexual assault treatment programs to a certain extent is likely to have the effect of preventing recidivism; and (e) the Defendant’s age, family environment, social relationship, etc. may have the effect of preventing sexual crimes, which may be achieved by the disclosure or notification order compared to the disadvantages and anticipated side effects that the Defendant may sustain, by taking

1. Article 56 of the Act on the Protection of Children and Juveniles against Sexual Abuse, which is exempted from employment restriction orders;

arrow