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Reasons
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(영문) 수원지방법원 안양지원 2018.10.12 2018고합63
준강간미수
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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

The defendant is between the victim B (n, 27 years of age) and the workplace club fee.

On October 18, 2017, the Defendant got the victim, who was drunk, to drink with the victim, and was unable to walk normally without the body of others, while he was aware of about about October 18, 2017.

On October 18, 2017, from around 23:36 to around 00:30 of the following day, the Defendant exceeded all clothes of the victim, she was under the influence of alcohol, and was in a breath, and tried to put the victim’s bridge into the part of the victim’s sound, but the victim did not have the intent to breath from diving.

Accordingly, the defendant attempted to have sexual intercourse by using the victim's non-opportunable condition.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of the witness B;

1. Investigation reports (Submission, etc. of transcripts of victims);

1. Details of approval of cards submitted by the victim, details of transactions of entrance and exit transactions, details of conversation exchanged with the suspect who has submitted the victim, and the application of statutes of the record;

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

1. Mitigation of attempted punishment: Articles 25(2) and 55(1)3 of the Criminal Act;

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

1. Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from the Public Disclosure and Notice Orders and Employment Restriction Orders, the proviso to Article 49(1) and the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, the proviso to Article 50(1) of the former Act on the Protection of Children and Juveniles against Sexual Abuse (Amended by Act No. 15452, Mar. 13, 2018); Article 56(1) proviso to Article 56(1) of the former Act on the Protection of Children and Juveniles against Sexual Abuse (Amended by Act No. 15452, Mar. 13, 2018) (the Defendant is the primary offender; the type of the

It is difficult to conclude.

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