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(영문) 수원지방법원 안산지원 2016.09.02 2016고합36
강간미수
Text

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

To order the defendant to complete a sexual assault treatment program for 80 hours.

Reasons

Punishment of the crime

The defendant is the president of the E in Ansan-si E, a member-gu, and the victim F (the age of 20) was aware of the defendant with the help of the above E operated by the defendant through the so-called news release.

At around 06:00 on July 14, 2015, the Defendant, in mind, tried to rape the victim by advertising the fact that there was a greging with the victim in the above E office, putting the victim into a sofacion, and trying to set up and set up the victim's body and body, and then falling under sofacing the victim's panty, and tried to set off the victim's knee from the floor to knee, and inserted the victim's sexual organ into the victim's sexual organ. However, the Defendant failed to bring the victim into an attempted crime by resisting the victim's hum and strongly resisting the victim's humba, and resisting it.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness F and G;

1. Application of the Acts and subordinate statutes of H dialogue photographs;

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

1. Article 25 (2) and Article 55 (1) 3 of the Criminal Act for mitigation of attempted crimes;

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

1. In addition to the fact that the crime of this case is committed in the attempted attempt, and the defendant has no record of punishment for the same crime, it cannot be readily concluded that the defendant has a risk of recidivism of a sexual crime, and in addition to the fact that the defendant takes a disposition to concurrently order to complete a program aimed at improving his/her character and conduct, it is determined that there are special circumstances that may not disclose or notify the defendant's personal information, and thus, an order to disclose or notify the registered information is not issued.

Defendant

Defendant and defense counsel’s assertion are determined.

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