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(영문) 수원지방법원 성남지원 2014.09.18 2014고합52
준강간미수등
Text

A defendant shall be punished by imprisonment for two years.

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

Reasons

Punishment of the crime

1. Around June 22, 2013, the Defendant was present at the corner of one-time motive with D and E, one-time motive under the National Intelligence Service, and the Defendant was introduced from D to the victim F (the age of 22), who is a breath from D, E and the victim, and then came into the house of the victim in the interesting-gu G when permissible with D, E and the victim.

On June 23, 2013, at around 00:30 on June 23, 2013, the Defendant: (a) reported that the victim was under the influence of alcohol and was unable to resist; and (b) tried to have sexual intercourse with the victim’s chest by inserting her chest toward the body inside the body of the victim; and (c) tried to have sexual intercourse with the victim’s panty. However, the Defendant did not go against the wind that the Defendant walked out from diving and resisting the Defendant.

2. 상해 피고인은 제1항 일시, 장소에서 피해자로부터 집에서 나가라는 말을 듣고 화가 나 손바닥으로 피해자의 뺨을 1회 때리고, 그곳 부엌에 있던 손잡이 있는 냄비로 피해자의 머리를 3회 때리고, 발로 피해자의 머리, 팔, 다리 등을 수 회 찼다.

As a result, the Defendant inflicted bodily injury on the victim, such as cerebral ley that requires medical treatment for about four weeks.

Summary of Evidence

1. Partial statement of the defendant;

1. The legal statement of the witness F and D;

1. Medical certificates and written confirmations;

1. Report on investigation (statements concerning clothes of a suspect);

1. Application of statutes on site photographs;

1. Relevant legal provisions concerning facts constituting an offense and attempted quasi-rape of a punishment: Articles 300, 299 and 297 of the Criminal Act: Article 257 (1) of the Criminal Act;

1. Attempted mitigation of crimes under Articles 25(2) and 55(1)3 of the Criminal Act (the crime of attempted quasi-rape)

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act [within the scope of the sum of the long-term punishments of the crimes of quasi-rape which are heavier than the punishment]

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

1. The punishment, etc. of sexual crimes exempted from disclosure orders and notification orders;

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