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(영문) 인천지방법원 2018.01.26 2017고합575
준강간미수
Text

A defendant shall be punished by imprisonment for two years.

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

Reasons

Punishment of the crime

On March 1, 2017, between around 03:00 and around 04:00, the Defendant sought to have sexual intercourse with the victim by putting the victim on his/her own knee and panty with his/her knee, setting off the victim’s knife and knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knif.

Accordingly, the defendant attempted to have sexual intercourse by using the victim's non-opportunable condition.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness G and H;

1. Recording notes;

1. A report on internal investigation (including a lag, etc. of a damaged place), a report on internal investigation (a CCTV image verification, etc. submitted by a suspected victim), and a report on investigation (a photograph of a victim at the time of damage);

1. Application of CCTV CD-related Acts and subordinate statutes;

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

1. Mitigation of attempted punishment: 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 to Order;

1. Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from an order to disclose or notify information, 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 (a) is difficult to readily conclude that the Defendant has a high risk of recommitting a sexual crime as he/she had no record of criminal punishment for a sexual crime prior to the instant case due to

In addition, only a sentence imposed on the defendant, the registration of personal information, and the order to complete a sexual assault treatment program can have the effect of preventing recidivism to a certain extent.

I seem to appear.

The age, age, and age of the defendant.

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