(영문) 서울중앙지방법원 2018.3.16. 선고 2017고합933 판결

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive, and the defendant shall be ordered to attend sexual assault treatment lectures for 40 hours.

Reasons

Criminal facts

From March 10, 2017, the Defendant became aware of the contact with the foreign victim C (n, 23 years of age) who is a nationality of the Thailand through the "Mphoneping SB". At around 21:00 on March 11, 2017, the Defendant drinked the alcohol at the main point of "E nearby Gangnam-gu Seoul Metropolitan Government D'E, and subsequently performed the alcohol at the Defendant's residence. The Defendant wanted to have a width at the Defendant's residence of the Seoul FF building G around 02:0 on March 11, 2017, the Defendant called "I want to do so with a width." However, the Defendant wanted to use the victim "I want to do so.......... whether the Defendant was drinking in the lower bank, I refused it."

Since then, when the victim who refused to engage in sexual intercourse was under the influence of alcohol, the defendant tried to leave the victim's body on the part of the victim's body and forced the victim's body by neglecting the victim's panty, disregarding the victim's panty, even though the victim who was broken in the lock in the lock in order to keep the victim out of her body and panty."

In order for the victim to take advantage of the situation at the time, 'ba-a-the-counter dial should be applied to the mixed Sea.' The defendant tried to open the toilet book, open the toilet book and open the toilet room to the police, and make a report to the police. The defendant tried to force dial dial dial dial dial dial dial dial dial dial dial dial dial dial dial dial dial dial dial.'

In light of the fact that the defendant's knee knee knee knee knee knee knee, the defendant's knee knee knee knee knee is not wanting to do so. The defendant threatened the victim's face that he spits, spits the victim's kne, spits the victim's knee kne, and died of dial-a-ke kne." The defendant knished the victim's knee knee kne, with the victim's face. The victim who was completely exempted from the defendant's knee knee k

As such, while the Defendant tried to rape the victim by assaulting and threatening, the Defendant reported the victim to the police by divinging the toilet door, faced with strong resistance by the Defendant, and exceeded his/her sense of shame, thereby making the house of the Defendant out and escape from the wind.

Summary of Evidence

1. Statement made by a witness H in the second trial records;

1. Statement made by C by a witness in the third protocol of trial;

1. A protocol of examination of part of the defendant by prosecution;

1. A protocol of partial police interrogation of the accused;

1. Application of Acts and subordinate statutes, such as field photographs, internal investigation reports (on-site verification), investigation reports (related to translation of the I details acquired from a victim), and requests for appraisal by the National Scientific Investigation Institute;

1. Article applicable to criminal facts;

Articles 300 and 297 of the Criminal Act

1. Attempted mitigation;

Articles 25(2) and 55(1)3 of the Criminal Act

1. Suspension of execution;

Article 62(1) of the Criminal Act

1. Order to attend lectures;

The main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes

1. Exemption from an order for disclosure and notification;

The judgment on the assertion of the defendant and his/her defense counsel on the grounds of the following: Article 47(1) and Article 49(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes; 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 punishment for a sexual crime; the registration of personal information of the defendant against the defendant and the participation in the course of sexual assault treatment can be seen to have the effect of preventing re-offending. In addition, taking into account the defendant's age, occupation, environment, the benefits and the prevention effect expected by the order of disclosure or notification, and the disadvantages and side effects of the defendant's personal information, it is determined that there are special

1. Summary of the assertion

In the date and place of the criminal facts stated in the judgment of the defendant, after having sexual intercourses with the victim under the agreement with the victim, the locked was about to reconscept back to the victim, the victim was at the shoulder of the defendant's own body and reported to the police as a toilet, etc., and there was no intention to rape by suppressing the victim's resistance.

Judgment

In full view of the above evidence and the following circumstances acknowledged by the evidence duly adopted and examined by this court, the defendant and the defense counsel’s assertion is not accepted, since it is sufficiently recognized that the defendant committed the same crime as the facts stated in the judgment of the court.

A. The victim was found to drive away from the Defendant’s dwelling place or through H, and reported the instant crime. The victim consistently made a statement from the time he was found to H to the investigation agency and this court, to the point of view, that he was able to be raped by the Defendant, and specifically stated the circumstances and contents of the instant crime, including the situation at the time of the crime, the type of the Defendant’s use, and the actions after the crime. The details of the victim’s statement are consistent not only with the fact that the victim did not directly experience or express, but also with important parts. In addition, in light of the fact that the Defendant and the victim was a foreign country residing in the Republic of Korea before the instant crime, and the Defendant did not agree with the victim in relation to the instant crime, it is difficult to view that there was any motive for the victim to make a false statement, such as benefits obtained by making a false statement, in light of the circumstances of the instant report, the circumstances of the victim’s attitude, etc., and the credibility of the victim’s statement is difficult to be considered.

B. The above statements made by the victim are consistent with the witness H’s statement in the second trial record. The Defendant, under the agreement with the victim, was locked for a certain type of motor vehicle, as in the course of the invasion, and the victim tried to wear the Defendant’s body and to report to the police as a toilet. However, it is difficult in light of empirical rule to view that the victim who voluntarily responded to the sex relation as above, tried to change the victim’s attitude and report to the police.

1. Reasons for sentencing: Imprisonment with prison labor for a year and six months to fifteen years;

2. Scope of recommending sentencing criteria: The range of recommending sentencing criteria shall not apply to an attempted crime.

3. Determination of sentence: Imprisonment with prison labor for not less than two years and three years of suspended sentence; and

The Defendant’s act of committing the instant crime is not against the law, such as: (a) intending to rape the victim under the influence of alcohol with the victim’s resistance; (b) intending to drive away from the Defendant’s residence as it is, and thus, (c) the victim was not able to do so. The victim appears to have suffered considerable sexual humiliation and mental impulse due to the instant crime.

However, considering the fact that the instant crime was committed in an attempted crime, the fact that the Defendant had no record of punishment prior to the instant crime, etc., the Defendant’s age, environment, motive, means and consequence of the instant crime, as well as the circumstances after the instant crime, etc., the punishment as set forth in the text shall be determined by comprehensively taking into account the following factors:

Registration of Personal Information

When a conviction on a crime in the judgment becomes final and conclusive, the defendant is a person subject to registration of personal information pursuant to Article 42 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and he/she shall submit personal information to the competent agency pursuant to