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(영문) 서울북부지방법원 2014.06.27 2014고합159
강간미수
Text

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

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

At around 23:00 on January 2, 2014, the Defendant, at the main point operated by the victim in Dobong-gu Seoul Metropolitan Government D, tried to rape the victim while drinking alcohol by dividing the victim E (the victim, 51 years of age, F) with the other customers.

The Defendant: “I am good how much the width is? I am? I am h? I am h? I am h? I am h? I am h? I am h? I am h? I am h? I am h? I am h? I am h? I am h? I am h?? I am h? I am? I am h?? I am h? I am h? I am? I am h? I am h? I am h? I am h? I am h? I am with the other hand. I am h? I am kn? I am kn? I k? I am k

The Defendant continued to drink “I will be able to drink. I will be able to drink at once. I will be able to drink at once,” and re-frighted the victim’s resistance, and forced the victim to go off knee at once, and tried to go out of knee, but the victim attempted to go out of the space.

Accordingly, the Defendant attempted to rape the victim by assault or intimidation.

Summary of Evidence

1. Defendant's legal statement;

1. E prosecutorial statement;

1. Application of Acts and subordinate statutes to investigation reports (112-reported file attachment, etc.);

1. Articles 300 and 297 of the Criminal Act applicable to the crimes;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

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

1. Article 47(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and the Act on the Protection of Children and Juveniles against Sexual Abuse, which is exempted from disclosure orders and notification orders;

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