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(영문) 서울남부지방법원 2016.06.16 2016고합106
강간미수
Text

A defendant shall be punished by imprisonment for two years.

The defendant's disclosure information is made through the information and communication network for a period of three years.

Reasons

The facts constituting the crime and the cause of the attachment order [criminal records] Defendant and the requester for the attachment order (hereinafter “Defendant”) were sentenced to imprisonment with prison labor for the attempted rape at the Seoul High Court on November 10, 2015, and the judgment on November 18, 2015 became final and conclusive.

[Criminal facts] The Defendant became aware of the victim E (the age of 18) through the mobile phone application “D” (hereinafter “D”).

around 23:00 on May 24, 2015, the Defendant met the victim at one exit at the entrance of the Gwangjin-gu Seoul Special Metropolitan City, and sent the victim to the singing room, and then decided the victim to the Defendant’s residence.

On May 25, 2015, the Defendant got off “G” in the “G” located in the “G” in the Gui-si F, Gui-si on the front of May 25, 2015, and saved the victim with his arms and shoulder.

The Defendant, while putting the Defendant flicking, attempted to keep the victim from being injured by the victim’s own hand even though the Defendant flicked the victim, she tried to keep the victim’s body.

When the injured party fights against the injured party's finger in the middle of the gravel field of "G", and the defendant raised the victim's name after suppressing the victim's resistance, and spawn the victim's name after suppressing the victim's resistance, and tried to rape the victim with the victim's common part above the part of the victim's inner part, but did not achieve the purport by getting out the victim's automobile and escape because the injured party spawnd against the victim's sound while spawn.

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

[The Defendant committed a sexual crime on at least two occasions (the date and time of the crime before the judgment was committed on May 22, 2015), and the recognition of the Defendant on the age of the victim under the age of 19 years of age does not require the attachment order (see Supreme Court Decision 2011Do5813, 2011Do 99, Jul. 28, 201). A sexual crime was committed against the victim.

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