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(영문) 서울동부지방법원 2019.10.24 2019고합168
준강간미수등
Text

Defendant shall be punished by imprisonment for a term of one year and six months.

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

Reasons

Punishment of the crime

1. The Defendant, at around 05:00 on November 15, 2018, tried to get quasi-rape from all the part of the victim D (n, 20 years of age) who was locked by drinking while entering the Gangdong-gu Seoul Metropolitan Bab C and was under influence of alcohol at the same place, she exceeded the victim's chest and fluor, etc., and added the victim's fingers to the part of the victim's sound, and tried to add the Defendant's fingers into the part of the victim's sound, but did not lead to the wind that the victim's male-child appearance E opened and enters the doors referred to in the above subparagraph C.

Accordingly, the defendant attempted to have sexual intercourse with the victim by taking advantage of the victim's mental or physical condition of mental or physical failure to resist.

2. On November 15, 2018, the Defendant: (a) committed assault, such as plucking, plucking, plucking, and breaking, plucking, etc., of G’s chests, when he was called out by the Defendant on the first floor of the 2018 Bridge G, when having received the Defendant’s report on the damage of and damage to property, hearing the Defendant’s statement, explaining the content of the report to the Defendant, and trying to arbitrarily leave the scene of the defect in order to confirm the fact.

Accordingly, the defendant interfered with the legitimate execution of duties by police officers on the control of crimes.

Summary of Evidence

1. Defendant's legal statement;

1. Each police officer's protocol of statement of D, G, H, and I, and each police officer's protocol of interrogation of E;

1. Each statement of E, D, and H;

1. In the investigation report (the confirmation of CCTVs), investigation report (the structure of the telecom and CCTV securing), investigation report (the confirmation of the victim's and J's statement), telephone conversations with the victim's and J's staff), investigation report (the victim's statement and the confirmation of CCTV images inside the telecom), investigation report (the appearance, etc. of the victim's H), investigation report (the appearance, etc. of the B telecom K and C), investigation report (the appearance, etc. of the suspect's E), investigation report (the witness's additional statement and appearance related to the suspect's E), investigation report (the response of the victim's request for appraisal of sexual assault emergency height), investigation report (the victim's escape status related to the victim's escape status at the time of the case), investigation report (the victim's escape status

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