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(영문) 서울북부지방법원 2017.12.15 2017고합191
준강간미수
Text

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 D (46 years of age, female) and the victim D, who became aware of in the course of performing his duties.

The Defendant, on June 21, 2016, as a matter of the business expansion of “E” in which he/she works as a director, after mixing the two-lanes with the surrounding actors, including the victim, in the G “G” located in Gangnam-si, by mixing the two-lanes, and then moving the two-lanes with the beer at the “I” head office located in Gangnam-si, and going to the “Kel” located in Gangnam-si, and then, from 23:33 on the same day to 01:38 on the following day, the Defendant tried to get off the clothes of the victim, who was in an impossible state of sailing, and put the victim’s chest and the beer, and did not have attempted to put the victim’s sexual organ into the Defendant, but did not have attempted to put the Defendant’s sexual organ into the said place.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of the witness D;

1. Application of L message, investigation report (in the face of a photograph taken of CCTV image image in the Kelto), investigation report (in the face of a locking of the CCTV image in the Kelto), (in the face of a locking of the CCTV image in the Kelto, a photograph taken on the face of the screen), and the Acts and subordinate statutes governing

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. According to Articles 47(1) and 49(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes Exempted from the Disclosure Order and Notification Order, the proviso to Article 49(1) and the proviso to Article 50(1) of the Act on the Protection of Juveniles from Sexual Abuse [this case’s crime history, Defendant’s age, sex, sexual conduct, social ties, criminal records (no sexual crime record exists), the risk of recidivism, benefits and effects expected by the disclosure order and notification order, and disadvantages and side effects therefrom, etc., the Defendant’s personal information shall not be disclosed or notified.

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