(영문) 서울남부지방법원 2014.11.20 2014고합401

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(영문) 서울남부지방법원 2014.11.20 2014고합401

준강간미수

Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

From September 14, 2014 to 04:00 on September 14, 2014, the Defendant, along with the Defendant’s friendship C and the victim D (the 39 years of age) who was the denial of the above C, was seated on the Defendant’s car driving seat parked on the Defendant’s vehicle in Yeongdeungpo-gu Seoul, Yeongdeungpo-gu, Seoul. On the back seat of the said vehicle, the Defendant reported the victim who was divingd from the back seat of the said vehicle to the back seat, moved the victim to the back seat, and attempted to have sexual intercourse with the victim, but the Defendant attempted to have sexual intercourse with the victim by voluntarily stopping the Defendant’s crime of “Woo who will be able to become able to become able to become able to do so.”

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. Application of Acts and subordinate statutes to the 112 Incident Report Statement;

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

1. Articles 26 and 55 (1) 3 of the Criminal Act for attempted suspension and mitigation;

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

1. Reasons for sentencing under the main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed;

1. From September to June of the period of imprisonment with prison labor for the scope of punishment by law; and

2. The crime of this case committed one year imprisonment with prison labor for a sentence is to be committed by a criminal defendant who was under the influence of alcohol and attempted to have sexual intercourse with a victim who was unable to resist, and thus, the criminal act of this case appears to have resulted in a very mental shock and pain due to the criminal act of this case, and the fact that the victim wants to punish the criminal defendant, etc. shall be considered as disadvantageous to the criminal defendant.

A favorable circumstance is that the defendant voluntarily suspended the crime and did not go further, and the 112 phone calls reported to the husband of the victim, the defendant caused a contingent crime under the influence of alcohol, the defendant did not have a criminal record, the defendant did not have a criminal record, and the defendant's mistake is dead and reflectd.

In addition, the defendant's age, character and conduct, environment, motive, means and result of crime, and after the crime is committed.

참조조문

-성폭력범죄의 처벌 등에 관한 특례법 제16조 제2항

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