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(영문) 서울북부지방법원 2014.06.20 2014고합111
강간미수등
Text

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

To order the defendant to complete the sexual assault treatment program for 40 hours.

Reasons

Punishment of the crime

On December 7, 2013, at around 05:00 on December 7, 2013, the Defendant: (a) when the Defendant drinks with the victim C (here, 29 years of age, D) and other daily behaviors in Gangnam-gu Seoul Metropolitan Government; and (b) when the Defendant intending to board and return a taxi, the Defendant was carrying the victim on his BM vehicle at his detention.

The Defendant, while driving the above vehicle, was able to set up the vehicle at the window and the stude of a child located in the Gangseo-gu Seoul Metropolitan Government, and was denied while intending to attract and put the victim to a key while dialogueing.

The Defendant continued to attract the victim by hand, and tried to be forced to get out of the victim’s will, camping, and clothes with his left hand, and sought from the victim who tried to get out of the situation, and again, was demanded from the victim to get out of the vehicle while driving the vehicle, but the Defendant was trying to get out of the vehicle, but continued to proceed for more than 10 minutes and led to a way to stop.

피고인은 차를 세운 후 피해자에게 ‘같이 있자’라고 하였으나 싫다는 말을 듣자, 갑자기 오른쪽으로 몸을 돌려 피해자가 앉아 있던 조수석 의자 레버를 눌러 의자를 뒤로 젖혀 피해자를 눕힌 다음 피해자의 몸 위에 올라타 손을 피해자의 상의 안으로 넣어 가슴을 만지고, 혀로 가슴을 핥고, 피해자의 엉덩이 쪽으로 손을 넣어 스타킹과 속옷을 벗기고, 자신의 바지와 속옷도 벗은 다음 일어나려는 피해자를 몸으로 눌러 반항하지 못하게 한 후 자신의 성기를 피해자의 음부에 삽입하려 하였다.

At this time, the victim took the Defendant’s sexual organ as his hand, and the defective Defendant again driven the vehicle, while driving the vehicle again, and the Defendant was able to drive the vehicle for the purpose of tobacco fraud in front of the convenience point.

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