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(영문) 서울서부지방법원 2015.11.04 2015고합137
준강간치상등
Text

A defendant shall be punished by imprisonment for not less than two years and six months.

However, the execution of the above punishment shall be suspended for four years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant visited the victim E (n, 31 years of age) located in the Seodaemun-gu Seoul Metropolitan Government Dtel as a customer on three-4 occasions and had a close relationship with each other.

On January 20, 2015, between 03:40 on the same day and 04:30 on the same day, the Defendant: (a) within Bar; (b) during the sobar between 03:40 on January 20, 2015, the Defendant: (c) during the sobar, by taking advantage of the victim’s state of failing to resist; (d) took advantage of the victim’s breast in a state of being unable to resist; and (e) taken the victim’s chest back, she was fright back, her chestd by hand, and her fingerd by hand; and (e) continued to have her kne and panty kned; and (e) she tried to rape the victim’s body, but (e) she did not go against the victim’s resistance, such as her panty, and she did not commit so.

Since then, the defendant had been able to get clothes and got off, and the defendant returned to around 05:10 on the same day and returned to 05:10 on the same day and got out the chest of the victim who was unable to resist.

Accordingly, the defendant attempted to rape the victim who has been unable to resist, and committed an indecent act against the victim who has continued to be unable to resist.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. The Ethrax application;

1. Application of the Act and subordinate statutes to the record of seizure and the list of seizure, and the report on investigation (CCTV analysis report);

1. Relevant legal provisions concerning facts constituting an offense, and Articles 300, 299, and 297 of the Criminal Act that choose a penalty, and Articles 299 and 298 of the Criminal Act;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act (Provided, That within the scope of adding up the long-term punishments of two crimes);

1. Article 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation (i.e., circumstances favorable to the following reasons for sentencing):

1. Article 62(1) of the Criminal Act (hereinafter referred to as the following grounds for sentencing) 1.

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