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(영문) 서울중앙지방법원 2017.08.10 2017고합423
강간미수
Text

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

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

Reasons

Punishment of the crime

The defendant and the victim D(n, 23 years old) are workplace clubs who work as researchers at the E professor's room of University D D D D D D D D D D D D D D D D D D D

The Defendant, at around 18:30 on March 31, 2017, 2017, drinked dong researchers, including victims, and alcoholic beverages, at a “G” restaurant located in Jongno-gu Seoul Metropolitan Government F, and transferred the victim and alcoholic beverages to a main station located in the vicinity on March 31, 2017, and drinking the victim and alcoholic beverages on three occasions on three occasions, such as drinking the alcohol to the victim and alcoholic beverages, and returned home around 03:50 on April 1, 2017, and went home to the victim, and the victim “a person who was abnormal male shall be forced to go home.”

In hearing the word "", a taxi gets on and off a taxi, and the victim met, together with the house of the victim of Jongno-gu Seoul Metropolitan Government H Building H, and drinking with the victim.

After that, around 14:00 on April 1, 2017, the Defendant tried to have sexual intercourse with the victim who was living in his house after the victim was frighted. However, the Defendant did not have sexual intercourse with the victim on the wind that the victim resisted against the victim with his/her own knife and knife his knife with his/her own knife, laid his/her chest on the floor, laid the victim on his/her knife with his/her knife with his/her knife, cut his/her knife with his/her knife, cut his/her knife with his/her knife, cut his/her knife with his/her knife with his/her own knife, let the

Accordingly, the defendant attempted to rape the victim.

Summary of Evidence

1. Legal statement of the witness D;

1. Partial statement of the suspect interrogation protocol against the defendant;

1. Application of Acts and subordinate statutes governing dialogues between D and A, D and A, recording records;

1. Article 297 of the Criminal Act concerning the facts constituting the crime;

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. Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from disclosure and notification orders, and Article 47(1) of the Act on Special Cases concerning the Protection of Juveniles against Sexual Abuse.

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