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(영문) 서울남부지방법원 2017.01.20 2016고합597
강간미수등
Text

A defendant shall be punished by imprisonment for two years.

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

1. The Defendant, from around November 29, 2016 to around 23:00, 2016, had been trying to commit rape with the victim C (which was 38 years of age) who was aware of while drinking alcohol with the victim’s drinking alcohol to the victim’s friendship with the victim’s friendship with the victim’s friendship with the victim’s friendship with the victim’s interest. However, the Defendant was willing to commit rape with the victim by inducing the victim to the other her to commit rape.

On November 30, 2016, at around 04:00, the Defendant: (a) inducedd the victim from the Felher 406 in Geumcheon-gu Seoul, Geumcheon-gu, Seoul; (b) obstructed the victim by committing assaulting the victim, such as her scambling the victim with the bend, her scambling the victim at 5 to 6 times, and walking the 4 to 5 times scam with the hand-to-5 scam, and tried to rape the victim; (c) however, the victim attempted to commit an attempted rape on the wind that the victim escaped.

2. Violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (using and photographing cameras, etc.) the Defendant took four copies of the victim’s body pictures using a camera attached to the Defendant’s mobile phone, after having assaulted the victim and cutting off clothes, such as paragraph (1), at the same time and place as paragraph (1).

Accordingly, the defendant taken the body of another person, which could cause a sense of sexual shame by using a camera, against his will.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made with respect to C, G, and D;

1. A list of seizure records (voluntary submission), and a list of seizure;

1. Application of the Acts and subordinate statutes governing the use of the victim’s assault photographs, victim’s bridge photographs, MoCC-TV video CDs;

1. Relevant legal provisions of the Criminal Act, Articles 300 and 297 of the Criminal Act concerning criminal facts, and Article 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (the point of taking photographs using a camera and the choice of imprisonment with prison labor);

1. Aggravation of concurrent crimes as prescribed in the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (the punishment shall be aggravated within the extent that the sum of the long-term punishments of the above two crimes prescribed in the attempted rape with heavier punishment);

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Suspension of execution;

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