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(영문) 수원지방법원 평택지원 2018.01.08 2017고합157
강간미수
Text

A defendant shall be punished by imprisonment for two years.

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

Reasons

Punishment of the crime

On July 20, 2017, the Defendant, who had worked in the same workplace, had flicked a greging alcohol in the victim C (n, 49 years of age) and in the victim’s residence in Pyeongtaek-si D, had the Defendant flicked to rape the victim.

On July 21, 2017, at around 00:00, the Defendant was placed on the bed part of the victim located within the vicinity of the above residence, and was forced to put the two arms of other victims who are placed above the victim's body, and forced to put them into the victim's body, and when the victim gets out of the bed and resisted, the victim's hair, face, chest, side glass, etc. with the victim's head, face, left the victim's body, forced the victim's body, forced the victim's body, and forced the victim's body to take over the victim's head, face, chest, side, etc. with the victim's body, and forced the victim's body to take over the victim's breast and panty. The Defendant attempted to put the victim's chest into the part of the victim's body, put the victim's finger, put the victim's finger into the part of the victim's body, and tried to put the victim into the victim's body again and attempted to put the victim into the victim's body.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of the police statement protocol law to C

1. Article 300 of the Criminal Act, Article 297 of the Criminal Act concerning the crime;

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 a notification order, 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 (applicable to a defendant who has no record of punishment for the same sex offense and thus has a risk of recidivism or recidivism of sexual assault against him/her;

It is difficult to conclude, the registration of personal information on the defendant and the effectiveness of preventing recidivism of sexual assault treatment programs.

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