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(영문) 서울중앙지방법원 2016.11.11 2016고합983
강간미수
Text

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

The defendant shall be ordered to complete a sexual assault treatment program for 80 hours.

Reasons

Punishment of the crime

The defendant, as a real estate brokerage assistant, had the victim C (the age of 22) who requested the defendant to rent an officetel rent, had the victim C (the age of 22) talked about drinking, and had the victim talked about rape.

On May 24, 2016, at around 01:00, the Defendant: (a) was parked in the vicinity of Gwanak-gu, Seoul Special Metropolitan City D on May 24, 2016; (b) was able to have the victim sitd in the steering line in the vehicle; (c) was under the influence of the victim; (d) was able to brealy resist each other by his hand; and (e) was unable to resist with each other by his hand; and (e) was forced to have sexual intercourse with the victim’s sexual organ by having sexual organ contacted with the part of the victim; (e) the Defendant did not have the intent to resist with the wind of the victim.

Summary of Evidence

1. C’s statement of the police interrogation protocol of the accused;

1. Each police statement of C and E;

1. Investigation report (case of submission of victim's monetary recording) and investigation report (case of submission of suspect's monetary records);

1. Determination as to the assertion of the recording accused and the defense counsel

1. The gist of the assertion was that the Defendant was in his own train with the victim, but there was no possibility that the Defendant attempted to rape the victim.

2. In light of the following circumstances acknowledged by the evidence duly adopted and investigated by this court, the fact that the victim attempted to rape as stated in the facts constituting the offense in the judgment of the defendant can be acknowledged.

(1) The injured party has taken aboard the motor vehicle between the accused and the accused in the police station, and has taken place in the future.

The defect that he intends to get off from the defendant's vehicle was fastening the door of the vehicle, she was forced to bring himself to the body of the defendant, and kisck was kisced.

A defect in which the defendant's shoulder continues to be pushed down and desires to move from the vehicle, the defendant shall be placed behind the suspect who was seated by him, and he shall be the chief of the light he was seated.

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