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(영문) 대전지방법원 천안지원 2018.06.27 2017고합230
강간미수
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

On July 24, 2016, the Defendant, at around 17:30 on July 24, 2016, used the situation in which the two offices are located, used the victim F (V, 30 years of age) and the girth office at the E office, the Defendant’s work place of the Defendant, Seocho-gu Seoul Metropolitan Government D and 508.

The Defendant saw that the Defendant would sustain the victim, cut his clothes by putting him in the inner part of the victimized person, putting him in the inner part of the victimized person, and putting the chest in the breast, and she speaks that the victim “the part of the injured person” is “the part of the injured person,” and “the part of the injured person shall be sounded.”

In other words, the knee of the victim was kneeed by his hand to suppress the victim's kne, and the victim's panty was off at one time, and the part of the victim's knee was kne, and the victim's kne was kne, and the victim's kne was added into the part of the victim's kne.

그러나 피해 자가 피고인의 어깨를 밀쳐 내면서 ‘ 콘돔을 사용하지 않으면 하지 않는다’ 는 취지로 말하면서 달래자, 피고인은 손가락을 피해 자의 성기 안으로 집어넣고, 계속하여 그곳 사무실 문을 잠근 다음 피고인의 성기를 피해 자의 입에 가져 다 댔으나 피해자가 손으로 성기를 밀쳐 내는 등 반항하여 그 뜻을 이루지 못하고 미수에 그쳤다.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness F;

1. Statement made by the prosecution against the F;

1. Application of Acts and subordinate statutes, such as a written complaint, a written statement of F, victim 1, and a transcript of the second investigation record;

1. Relevant Article of the Criminal Act and Articles 300 and 297 of the Criminal Act concerning the selection of criminal facts;

1. Articles 53 and 55(1)3 of the Criminal Act (see, e.g., Articles 53 and 55(1)3 of the Criminal Act (see, e.g., factors for sentencing that are favorable

1. Determination on the assertion by the Defendant and his/her defense counsel under the main sentence of Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes

1. The main point of the argument is that the Defendant naturally slicks during the process of dividing between the victim and the victim’s dialogue, and the victim should not use the sea slicks.

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