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(영문) 의정부지방법원 2017.06.28 2016고합584
강간미수
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

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

Reasons

Punishment of the crime

On July 15, 2016, around 04:50 on July 15, 2016, the Defendant: (a) took advantage of the fact that the victim E (the name, leisure, 33 years old) was under the influence of alcohol at “D” clubs located in Dongdaemun-gu Seoul, Dongdaemun-gu, Seoul; (b) taken the victim to return home into the “G motherel” located in the same Gu F; and (c) taken the victim into the said 204 room.

The Defendant, in order to have sexual intercourse with the victim, had sexual intercourse with the victim by inducing the victim's resistance, but the victim attempted to have sexual intercourse with the victim by leaving the victim's body and part of the body and part of the body of the victim, which the victim, who is under the influence of alcohol, intends to be frightened on the part of the victim who is under the influence of alcohol, and the victim's body and part of the body and part of the victim, which the victim intends to refuse to refuse to do so. However, the victim's sexual intercourse with the toilet located in the mother's room.

On the other hand, when the defendant unfolded the above suppression, the injured party attempted to flee out of the above guest room.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness E;

1. Statement protocol by the police for E;

1. A response to a request for appraisal and a written appraisal;

1. Gel CCTV video data CDs;

1. Report of investigation (the list of 112 Report Settlement Reports), investigation report (the application of statutes to the owner of the Gelel business);

1. Articles 300 and 297 of the Criminal Act concerning the facts constituting the crime;

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. Article 62 (1) of the Criminal Act on the suspended execution (Article 62 (1) of the Criminal Act on the following grounds 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 Attend;

1. Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from an disclosure order and a notification order, 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 Defendant has no record of criminal punishment for the same sex offense, and the instant crime alone is an unspecified number of victims.

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