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(영문) 대전지방법원 2016.03.31 2016고합50
강간미수
Text

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

The defendant shall be ordered to complete the sexual assault treatment program for 40 hours.

Reasons

Punishment of the crime

The defendant is a space between the victim C (n, 24 years of age) and the door-to-door logistics center, and he becomes aware of the workplace rent.

On July 6, 2013, at around 12:00, the Defendant tried to put the victim under pressure, with the defect of 00 studio 000 in the middle-gu, Daejeon, where the victim's residence is the victim, and D, which is the victim's and other employees, have been under drinking together with D, first left the victim's house or left the victim's house, and tried to rape the victim. At around 14:40 of the same day, the Defendant tried to put the victim seated above the victim's body, and forced the victim to put the victim's resistance against the victim's body, but the victim tried to go back with the victim's seat and she did not want to go against the victim's breast, but tried to get the victim exempted from the victim's chest, and the victim tried to get out of the her chest, and the victim did not have sexual intercourse with each other.

Accordingly, the defendant tried to rape the victim, but attempted to commit a crime.

Summary of Evidence

1. Partial statement of the defendant;

1. Each police statement protocol with respect to E and C;

1. Results of investigation (for statement by victim);

1. Application of Acts and subordinate statutes to photographs of victims;

1. Articles 300 and 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 an order to disclose or notify information, the proviso to Article 49(1) and the proviso to Article 50(1) of the Act on the Protection of Juveniles from Sexual Abuse (the Defendant has no record of being punished for sexual crimes, and personal information of the Defendant and sexual violence are registered.

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