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(영문) 서울중앙지방법원 2013.12.18 2013고합852
강간미수
Text

A defendant shall be punished by imprisonment for one year.

The defendant shall be ordered to complete the sexual assault treatment program for 80 hours.

Reasons

Punishment of the crime

Around 00:30 on July 16, 2013, when the Defendant had weak ability to discern things or make decisions due to acute alcohol addiction, the Defendant: (a) opened an entrance to board an elevator at the parking lot of the 1st underground floor, Seongbuk-gu Seoul Metropolitan Government, Seongbuk-gu, Seoul, for the purpose of getting off (29 years of age) and entered the 1st floor of the above apartment, and (b) opened the victim’s neck at the right shoulder of the victim following the above apartment, and opened the victim’s neck at the top of the above apartment, and took the victim’s neck at the right shoulder of the victim’s right hand, and moved the victim’s neck into the space adjacent to the elevator, “one stop,” and tried to rape the victim once after the victim was unable to resist; (c) however, the Defendant attempted to do so.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. An output of apartment CCTV image, a printed output of the scene of crime, and a CCTV image CD of an apartment at the time of crime;

1. Application of Acts and subordinate statutes as a result of inquiry and reply to the Seoul Medical Center;

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

1. Articles 10 (2) and (1) and 55 (1) 3 of the Criminal Act, which are legally mitigated;

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 16 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed;

1. Where a conviction becomes final and conclusive with respect to the instant crime involving the registration of personal information under Articles 47(1) and 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and Articles 49(1)2 and 50(1)2 of the Act on the Protection of Children and Juveniles against Sexual Abuse, the Defendant becomes a person subject to registration of personal information under Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and is obligated to submit personal information to a related agency pursuant to Article 43 of the same

Defendant

The assertion of defense counsel and counsel.

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