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(영문) 서울북부지방법원 2014.11.28 2014고합319
강간미수
Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

On May 18, 2014, at the defendant's house located in Dobong-gu Seoul Metropolitan Government D non-01 on May 18, 2014, the defendant used the defendant's workplace club fee and the defendant's day, and used the defendant's opportunity to wait before the defendant's house after drinking a call taxi in front of the defendant's house, thereby leaving the victim's house in the defendant's house. By doing so, the defendant recommended the victim to play in a diving, she was moving the victim into the defendant's house, taken the victim's house, and tried to come out of the house, after the call taxi arrived, and come back, she was humbly humbly humbly, and tried to rape the victim by continuously saving the victim with the victim's inside, and committing sexual intercourse with the victim's resistance. However, it was attempted by the victim's strong resistance.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness E;

1. Partial statement of the suspect interrogation protocol of the accused by the prosecution;

1. Statement to E by the police;

1. Partial statement of the police interrogation protocol of the accused;

1. Application of Acts and subordinate statutes governing recording records;

1. Articles 300 and 297 of the Criminal Act applicable to the crimes;

1. Voluntary mitigation of crimes under Articles 25 (2) and 55 (1) 3 of the Criminal Act;

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. The main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed;

1. Article 47(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) 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 [the Defendant’s age, occupation, environment, social ties, criminal records (no sex crime record) recognized as recorded in the record, the circumstances and results of the instant crime (Attempted crimes, the effectiveness expected by disclosing or notifying the Defendant’s information

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