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(영문) 부산지방법원 2016.09.30 2016고합50
준강간미수
Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

On July 18, 2015, at around 19:00, the Defendant tried to engage in sexual intercourse with female-friendly job offering C and C’s family-friendly job offering victim D (n, 23 years of age) in a mutual influent drinking house located in Busan Young-gu, Busan, Busan, with the victim D (n, 23 years of age) on the part of the victim, who was aware of the victim by drinking together with the victim, the Defendant was the house of the victim in the nearest bank in order to care for the mother of the victim, and the Defendant was working on July 19, 2015 when the victim was waiting to sit together with his/her alley and he/she was waiting to sit together with the felbel 206 in Busan, Young-gu, Busan, and tried to have sexual intercourse with the victim's clothes by taking advantage of an impossible condition of resistance, but the mother of the victim was found to have attempted sexual intercourse with the victim, without finding the victim's mother and the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness D and G;

1. A protocol concerning the examination of partially the accused by the prosecution;

1. Statement made by the prosecution with regard to G;

1. Statement made by the police with regard to D;

1. Each photograph (No. 10 No. Serial of the evidence list);

1. Application of Acts and subordinate statutes, such as each investigation report (No. 1 through 3, 8, 9, 12, 15, 18, 20, 23 through 25)

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. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

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) proviso of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes Aggravated Punishment, Etc. of Juveniles, the proviso to Article 49(1) of the Act on the Protection of Children and Juveniles from Sexual Abuse, and the proviso to Article 50(1) proviso [the Defendant’s age, occupation, family environment, social ties, criminal record, and risk of recidivism recognized as recorded (no criminal record)] of the disclosure order or notification order of this case, and the profits and preventive effects expected by the disclosure order or notification order of this case.

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