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(영문) 서울서부지방법원 2014.05.27 2014고합28
준강간미수
Text

A defendant shall be punished by imprisonment for two years.

To order the defendant to complete the sexual assault treatment program for 40 hours.

Reasons

Punishment of the crime

The defendant found that the victim D (the age of 20) who was an employee of the main place of C's "C", who was a customer, was drunk, in the nearest place of the above main place. On September 14, 2013, the defendant recommended the victim to "I was locked" and "I was locked" on September 14, 2013, and led the victim to the Felel Act located in Seodaemun-gu Seoul.

At around 03:00 on September 14, 2013, the Defendant: (a) was able to rape a victim, who was divingd in the bend floor of the above 13th floor; (b) was drunk, was exempted from the clothes of the victim; (c) went off from the victim’s clothes; and (d) attempted to rape by taking advantage of the victim’s state of her ability to resist; (b) but the Defendant did not commit an attempted crime without having the victim broken out the lock in the lock.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness D and G;

1. Some statements in the suspect examination protocol of the accused prepared by the prosecutor;

1. Statement of the D public prosecutor’s preparation;

1. Statement of the police preparation D;

1. Application of Acts and subordinate statutes to investigative reports (including filing a complaint, report on the results of interview with the suspect, report on the records of interview with the suspect, summary of recording and video recording of the victim, a suspect, specific suspect, the content of a Kax message, victim video CD, victim-friendly telephone conversations, etc.), report on the occurrence of a crime (related to quasi-rape complaint), report on internal death

1. Articles 300 and 299 of the Criminal Act applicable to the crimes;

2. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

3. Article 16 (2) and (3) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes against Sexual Crimes.

4. Article 47 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, the proviso to Article 49 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse / [Article 49 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, the proviso to Article 50 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse] (1).

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