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(영문) 인천지방법원 2019.10.11 2019고합233
준강간미수등
Text

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

The defendant shall complete the sexual assault treatment program for 40 hours.

Reasons

Punishment of the crime

1. On November 28, 2018, the Defendant: (a) at the Defendant’s residence located in Bupyeong-gu, Incheon, Bupyeong-gu B Housing C, and (b) at the Defendant’s residence, the Defendant: (c) together with the Defendant’s male and female job offers E (n, 19 years of age) who was aware of his/her reputation and D’s male and female job offers E (n, 19 years of age) who was staying at the Defendant’s home; and (d) who was staying in

At around 19:00 on the same day, the Defendant: (a) purchased alcoholic beverages together with the victim, and (b) received them from the victim on the way in which he purchased alcoholic beverages together with the victim; (c) demanded that he knife his kn's kn's kn's kn's kn's kn's kn's kn's kn's kn's kn's kn

2. The Defendant who attempted quasi-rape on November 28, 2018, at the inside of the Defendant’s residence as indicated in paragraph (1) around 23:30, and on the written indictment of the mental disorder of the victim, which was temporarily diving at the floor under the influence of alcohol, stated that the Defendant had sexual intercourse with the victim by using the victim’s “non-fluence” state that the Defendant was under the influence of alcohol. However, “non-fluence” refers to a state in which normal judgment concerning sexual acts cannot be made due to a mental disorder or food disorder, and “non-fluence” refers to a case where psychological or physical resistance is impossible due to reasons other

In this case, the victim’s inception and inception constitutes insane condition. However, even if the “inception impossible” of the facts charged is changed to “insane,” it is deemed that there is no impediment to the Defendant’s exercise of the right to defense.

In order to have sexual intercourse with the victim by inserting the sexual organ into the part of the victim after taking advantage of the victim's will and clothes, however, it did not bring about such intent to F, which was known to F, who was locked above, but did not commit an attempted crime.

Summary of Evidence

1. Defendant's legal statement;

1. Each police officer with respect to E and F.

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