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(영문) 서울남부지방법원 2019.09.10 2019고합192
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

On April 15, 2019, at around 00:51, the Defendant: (a) 00:51 on April 15, 2019, brought the victim D (the age of 53) who throw away wastes at the side of the Cridge in Guro-gu Seoul Metropolitan City, and (b) brought the Defendant’s bomer to the Defendant, and (c) attempted to get off the victim’s face, arms, etc. with the victim’s hand, and tried to get off the victim’s seat and arms, etc. without getting out of the Defendant to have sexual intercourse because the victim escaped in many places.

Summary of Evidence

1. Legal statement of witness D;

1. Statement by the prosecution concerning D;

1. Statement made to D by the police;

1. Written statements of D;

1. A 112-report processing table, investigation report (a restaurant around the place of crime, a record of investigation into sing CCTV), investigation report (a suspect raised in CCTV), investigation report (a record of suspect raised in CCTV), and a report on investigation (a record of peripheral CCTV);

1. Application of each Act and subordinate statute of DaVD 1 for the improvement of chemical quality;

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

1. Statutory mitigation under 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;

1. The main sentence of Article 56 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse; Article 2 of the Addenda to Welfare of Persons with Disabilities (Act No. 15904, Dec. 11, 2018); the main sentence of Article 59-3 (1) of the Act on Welfare of Persons with Disabilities

1. The sentence of a sentence is imposed on the Defendant under Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from the disclosure order and notification order, the proviso of Article 49(1) and the proviso of Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, and the registration of personal information on the Defendant, the completion of sexual assault treatment program, and the employment restriction order can be effective to prevent recidivism by the

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