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(영문) 대전지방법원 2015.04.09 2014고합387
강간미수
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

The Defendant, while communicating with the victim C (21 years old, female) who was introduced by his son, experienced her scam in the first place, and the victim sent his scam at his son's home, and went the victim to Daejeon-gu, Daejeon-gu, Daejeon, 102, which is his / her scam, even though the victim refused to do so.

On September 22, 2014, at around 20:40 on September 22, 2014, the Defendant: (a) reported the victim who was seated inside his residence; (b) laid the victim from the bed; (c) laid the victim’s shouldered by her seat on the part of the victim; (d) laid the victim’s bridge by dividing the victim’s bridge into his/her face and kis; (c) laid down his/her chest and kis, her chest down his/her chest.

In addition, even though the victim gets her chest and resisted by the defendant's body, her chest, her chest, her panty, and her chest off, her clothes off the victim who escaped from the toilet, she was placed on the bed her bed, and forced her bridge by inserting the defendant's bridge between the victim's bridge between the victim's bridge, and inserting her sexual organ into the part of the victim's sound, but the victim tried to her clothes against extreme resistance and her escape into the toilet with the escape of the toilet.

Summary of Evidence

1. Statement made by C of a witness in the second protocol of trial;

1. Statement to C by the police;

1. Recording records;

1. Application of the photographic Acts and subordinate statutes;

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

1. Article 25 (2) and Article 55 (1) 3 of the Criminal Act for mitigation of attempted crimes;

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) 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 Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

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