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(영문) 서울중앙지방법원 2016.07.15 2016고합466
강간미수
Text

A defendant shall be punished by imprisonment for not more than ten months.

The defendant shall be ordered to complete the sexual assault treatment program for 40 hours.

Reasons

Punishment of the crime

The defendant is a person who is between the victim C (n, 24 years of age) and the workplace club fee.

On October 31, 2015, at around 01:00, the Defendant drinking alcohol with company fees, including the victim, within the victim's residence located in Gwanak-gu, Seoul Special Metropolitan City, and other club fees were returned back to the victim's residence.

At around 02:00 on the same day, the defendant gets a shoulder by being stringed by the victim's house, and "b)".

"Along with the victim's face, the victim's face will be keeped with the victim's hand, the victim's keeped with the victim's hand, and the victim's hand was pushed down with the room room, and the two descendants of the victim cannot be resisted by the victim, and the breast was knicked with the victim's clothes.

In addition, the defendant continued to have exceeded the victim's breath, put the left hand into the clothes of the victim, and tried to have sexual intercourse with the victim, and the victim did not go against the victim's sexual organ and resisting the victim's sexual organ.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Application of Acts and subordinate statutes of emerial area divided by the person under consideration and the victim;

1. Articles 300 and 297 of the Criminal Act concerning the facts constituting the crime;

1. Mitigation of attempted punishment: Articles 25(2) and 55(1)3 of the Criminal Act;

1. Articles 53 and 55(1)3 of the Criminal Act (see, e.g., Supreme Court Decisions 53 and 55(1)3 (see, e.g., Supreme Court Decision 200

1. Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order;

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 notify information, the proviso to Article 49(1) and the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse [the disclosure and notification order of registered information may have a significant impact on the defendant, so it is necessary to pay careful attention to the fact that the defendant has no criminal history, and the crime of this case is committed.

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