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(영문) 서울남부지방법원 2014.08.29 2014고합242
준강간미수
Text

A defendant shall be punished by imprisonment for two years.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On January 3, 2014, the Defendant had been a subordinate employee of the same company prior to that time, and had the victim C (Y, 23 years of age) who had been affiliated with the same affiliate, contact with him with him about his duties, and let him enter the restaurant of the wife of the Defendant working for the Defendant. At the same time, the Defendant continued to drink and had the victim do so, and had the victim do sexual intercourse with him.

Around 01:00 on January 4, 2014, the Defendant, at around 01:0, tried to engage in sexual intercourse with a victim who is under the influence of alcohol while under the influence of alcohol by setting off “E” 208, and was under the influence of alcohol on the part of the victim’s upper part and brogate, she off the victim’s upper part and brogate, she off the victim’s upper part, cut off the victim’s her chest and her chest, cut off the victim’s chest and her chest, and talking with the victim’s chest and her part, and continuously tried to engage in her sexual intercourse with the victim who was under the influence of alcohol while brea the victim’s her arm’s length. However, the Defendant

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes on written statements by prosecution to C;

1. Articles 300, 299, and 297 of the Criminal Act applicable to the facts constituting an offense;

2. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

3. Article 62 (1) of the Criminal Act;

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

5. Whether a case constitutes “any special circumstance to be prohibited from disclosing or notifying personal information” provided for in Articles 47(1) and 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from disclosure and notification orders, 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, as an exception to disclosure and notification orders, is the Defendant’s age, occupation, risk of recidivism, characteristics of the offender, such as the type, motive, process of the relevant crime, consequence, seriousness of the relevant crime, etc., the degree of disadvantage suffered by the Defendant due to disclosure or notification orders.

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