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(영문) 서울중앙지방법원 2012.11.09 2012고합1138
강간미수
Text

A defendant shall be punished by imprisonment for two years.

The defendant shall be ordered to complete 40 hours of sexual assault treatment programs.

Reasons

Punishment of the crime

On January 28, 2012, the Defendant entered the victim E (n.e., 28 years of age) who became aware of in the course of performing his duties due to an instigious room in Jung-gu Seoul Special Metropolitan City (n.e., the Defendant: (a) went into the victim E (n.e., 28 years of age); (b) was tightly sealed by the Defendant’s body; (c) was prevented from leaving the victim tightly, and was forced to leave the victim’s panty and panty; and (d) was forced to leave the victim’s panty; and (c) continued to put the Defendant’s sexual organ into the victim’s sexual organ by hand, but the Defendant continued to attempt to put the Defendant’s sexual organ into the victim’s sexual organ, but did not complete the victim’s body flag by refusing to do so.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes on police statement to E;

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

1. Whether an order to disclose or notify information constitutes "any special circumstance to be prohibited from disclosure of personal information" provided for in the proviso to Articles 37 (1) and 41 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes [the proviso to Articles 37 (1) and 41 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes] shall be determined by comprehensively taking into account the defendant's age, occupation, characteristics of the offender, such as the type, motive, process, consequence, seriousness of the crime, etc. of the crime, the degree of disadvantage and anticipated side effects of the defendant's injury caused by the order to disclose or notify, the preventive effects of the sexual crime subject to registration, the effect of the prevention of the sexual crime subject to registration to be achieved, the protection effect of the victim of the sexual crime subject to registration, etc. (see Supreme Court Decision 2011Do16863, Feb. 23, 2012].

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