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(영문) 서울서부지방법원 2015.12.16 2015고합295
강간미수
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A defendant shall be punished by imprisonment for not less than one year and six months.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On June 5, 2015, at around 04:53, the Defendant:7 persons (five male and two female) working on the “D cafeteria” located in Seodaemun-gu Seoul Metropolitan Government, including the Defendant and the Victim E (title, 20 years of age) together from the said “D cafeteria to return to home after drinking alcohol,” and discovered the victims who walk together with other passing and walk together with the victim to commit rape.

The defendant followed the victim and led the defendant's arm's length to the left shoulder of the victim so that the victim does not get out of the victim, "shall make dial-a-a-a-the-counter dial dial dial dial dial dial dial dial dial dials in governance, governance," and around 05:15 on the same day when he led the defendant's arm's length to take charge of both breasts of the victim on his hand.

At around 05:24 on the same day, the defendant continuously led the victim to the front of F apartment 108 elevator, knife the victim's head, knife the elevator, and continuously led the defendant's house on the 12th floor through emergency stairs to the defendant's house in the 8th floor, and continuously led the defendant's head to the 12th floor through emergency stairs, and led the victim's clothes to escape to the 12th floor, and led the victim into the defendant's house in the same 1201 unit, and tried to rape the victim, but at the same time, the defendant's female-friendly Gu was not achieved.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of E and G;

1. Application of the video CD-related Acts and subordinate statutes to the CCTV installed in an apartment elevator;

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

1. Articles 25 (2) and 55 (1) 3 of the Criminal Act, which are statutory mitigation;

1. Article 62 (1) of the Criminal Act (The following circumstances shall be considered in light of the reasons for sentencing);

1. The punishment, etc. of sexual assault crimes committed to attend lectures;

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