(영문) 서울서부지방법원 2019.05.16 2018고합357

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Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 서울서부지방법원 2019.05.16 2018고합357

강간미수

Text

A defendant shall be punished by imprisonment for not more than ten months.

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

Reasons

Punishment of the crime

The defendant and the victim B (the 30-year old age) are the gap between the defendant and the victim from June 2018 to the first police officer on August 2018.

At around 19:00 on August 21, 2018, the Defendant saw the victim as a hotel at the main station located in Mapo-gu Seoul Mapo-gu, Mapo-gu, Seoul and brought the victim to a hotel, and the victim consented thereto while under the influence of alcohol and went back to the hotel in Mapo-gu, Seoul around 01:10 on August 22, 2018.

Accordingly, the Defendant said that, if the Defendant did not enter the victim as a hotel, he would find the victim’s house and enter the glass door as a supplement, and according to the evidence record No. 146-148 of the same day (CCTV-related, attached CCTV-related) around 01:52 on the same day, the victim entered the guest room at around 01:52.

Since it does not harm the identity of the facts charged or give substantial disadvantage to the defendant's exercise of his/her right to defense, the "02:15" stated in the indictment ex officio without the amendment process is amended to "01:52".

The above hotel was changed to the above hotel.

At around 03:30 on the same day, the Defendant got off the victim's chests from the bed of the victim at the above hotel D room at around 03:30 on the same day, and got out of the victim's panty even though the victim had prevented the Defendant, and became aware of the victim's panty by inserting his hand into the victim's panty.

Therefore, in order to request the victim to help, the telephone call was defective in the hotel street with the passenger room, and the defendant forced the victim to get off the phone, and the chest of the victim was cut up twice.

On the other hand, the Defendant continued to have his arms attached to the victim who wanted to make a telephone once again, and had the telephone equipment used by the victim had been put on the floor.

Accordingly, the defendant committed indecent act against the victim and assaulted the victim.

Summary of Evidence

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유사 판례

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