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(영문) 서울북부지방법원 2016.04.15 2015고합280
강간미수
Text

A defendant shall be punished by imprisonment for two years.

The defendant shall order the completion of a sexual assault treatment program for 40 hours.

Reasons

Punishment of the crime

around 12:10 on August 25, 2015, the Defendant discovered that the Defendant was assaulted by other customers, such as the victim G (at the age of 35) who met in the smoking room, when drinking alcohol in the F drinking house located in the 2nd E-2nd floor in Gangseo-gu Seoul, Gangnam-gu, Seoul. The Defendant attempted to commit rape by having the victim go beyond the third floor of the above building, and sexual intercourse with the victim’s boom and panty. However, the Defendant attempted to commit rape by having the victim go beyond the victim’s breath and panty, but did not go against the victim’s breath and did not go against it.

Summary of Evidence

1. Statement of the defendant in the first trial record;

1. Statement of the police statement related to G;

1. A copy of the petition (G);

1. Application of the Acts and subordinate statutes to photograph photographs, victim photographs, on-site investigation photographs, CCTV-faging a management office, and photograph by cutting off on-site CCTVs;

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 Children and Juveniles against Sexual Abuse [the order to disclose or notify the registered information may have a significant impact on the defendant, so prudentis is necessary.

The crime of this case is not a sexual crime against many unspecified persons; the defendant does not have the same criminal record and has no record of having been sentenced to suspended sentence or more; in this case, it can be seen that the defendant's crime of this case has the effect of preventing recidivism to a certain extent through the sentence of imprisonment to the defendant, the registration of personal information, and the completion

In light of all circumstances, such as the defendant's age, family environment, and social relationship, the disclosure and notification order has a big side effect on the disadvantage and expected side effects of the defendant's suffering, but it can be achieved by such order.

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