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(영문) 서울중앙지방법원 2015.12.18 2015고합609
준강간미수등
Text

1. The punishment of the accused shall be two years of imprisonment;

2. The information and communications network for three years on the Defendant’s disclosure of information.

Reasons

Criminal facts

On June 11, 2015, the defendant and the person subject to an application for an attachment order (hereinafter referred to as "defendant") found the victim E (the 25 years old) who was unsatisfyed due to drinking on the second floor of the commercial building located in Gwanak-gu in Seoul Special Metropolitan City, and was seated without being able to properly unsatisfy due to being aware of the fact that the defendant and the person subject to the application for an attachment order (hereinafter referred to as "defendant") wanted to be exempted from all the clothes of the victim who was under the influence of alcohol and wanted to have sexual intercourse, but failed to achieve the wind of the victim's sexual intercourse with his/her sound and resistance in alcohol, even though the victim tried to have sexual intercourse, at around 23:45, 2015.

Accordingly, the defendant was trying to have sexual intercourse with the victim by taking advantage of the victim's mental or physical condition of the victim's mental or physical condition to resist.

[The facts constituting the cause of an attachment order] The Defendant had the record of having been sentenced to a suspended sentence of one year for six months due to indecent acts by force, etc. at the Ansan Branch of the Suwon District Court on September 12, 2014. The Defendant committed the instant crime of attempted quasi-rape on at least two occasions, and is likely to recommit a sexual crime in light of the background of the crime, environment, character and conduct, etc.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness E and H;

1. Part of the police officers and the suspect interrogation protocol of the prosecution against the defendant

1. Police officers and prosecutorial statements concerning victims E;

1. The police statement of H;

1. Recording notes of the accused;

1. A report on the commencement of internal investigation, a report on internal investigation (to hear the statements of the victim, on-the-spot post-post measures, and transfer of the Victim Seaba Center), a report on internal investigation (to the victim's own statement), a field photo, CCTV photographs installed in the Gmoto, CCTV photographs installed in the Gmoto (related to the statement of the momoto), internal investigation report (related to the statement of the moto), a photograph of the person suspected of CCTV in the new forest basin, a photograph of the CCTV victim in the new forest basin, a photograph of the suspect suspected of CCTV in the gold basin, and a photograph of the suspect.

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