(영문) 서울남부지방법원 2013.10.11 2013고합258

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(영문) 서울남부지방법원 2013.10.11 2013고합258

준강간미수

Text

A defendant shall be punished by imprisonment for not less than one year and six months.

The defendant shall be ordered to complete a sexual assault treatment program for 80 hours.

Reasons

Punishment of the crime

On March 23, 2013, at around 06:30, the Defendant discovered the Victim F (27 years old) who was mixed in the table table (hereinafter “E”), which was under the influence of alcohol, and attempted to engage in sexual intercourse with the victim when she transferred to another place and talked with the victim. At around 06:30 on March 23, 2013, the Defendant attempted to have sexual intercourse with the victim, she was able to find that the victim was under the influence of alcohol, and she was able to have sexual intercourse with the victim, and she was her attempted to have sexual intercourse with the victim, she was fluencing the victim by drinking with the Gel 211 in the main place (hereinafter “E”). However, the Defendant attempted to have sexual intercourse with the victim, she was found to have been under the influence of alcohol and retired from her position.

Accordingly, the defendant attempted to engage in sexual intercourse by taking advantage of the state of mental disorder of the victim.

Summary of Evidence

1. Defendant's legal statement;

1. The prosecutor's statement concerning the F;

1. Application of the Act and subordinate statutes to the investigation report (G CCTV investigation);

1. Articles 300, 299, and 297 of the former Criminal Act (amended by Act No. 11574, Dec. 18, 2012) regarding criminal facts

2. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

3. Grounds for sentencing under the main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order (wholly amended by Act No. 11556, Dec. 18, 2012; hereinafter the same shall apply)

1. Imprisonment with prison labor for a period of one year and six months from six months to fifteen years;

2. One year and six months of imprisonment with prison labor for a decision of sentence: The defendant tried to rape the victim by using that the victim has lost awareness under the influence of alcohol and has been in the state of mental disorder; after the crime of this case, the victim appears to have undergone serious mental impulses, such as receiving art treatment on several occasions, etc., and considering the fact that the victim does not recover from damage and thereby the victim wants to punish the defendant, a sentence of imprisonment with prison labor for the defendant is inevitable;

However, the fact that the crime of this case was committed in the attempted crime, and that the defendant had no record of criminal punishment prior to the crime of this case, etc. is favorable to the defendant.

참조조문

-성폭력범죄의 처벌 등에 관한 특례법 제16조 제2항

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