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(영문) 인천지방법원 2018.12.21 2018고합699
강간미수
Text

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

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

Reasons

Punishment of the crime

On December 2, 2017, at the defendant's house located in the Namdong-gu Incheon Metropolitan City Btel around 08:00, the defendant tried to see the defendant's female-friendly C and C's sexual organ into the victim D (n, 19 years of age), while drinking alcohol together with the defendant's female-friendly C and C's sexual organ into the victim D, this c makes the defendant fit for the victim's entry, and out-of-the-way female-gu female-gu flicks came to the victim "on the ground that the victim's female-friendly flicks came to the victim." The defendant flicked the victim's face and flickbbbbbbbbs, which means that the victim's sexual organ was flick, and the victim did not refuse the victim's entry into the victim's sexual organ, but did not refuse the victim's escape.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to D or C;

1. Application of each request for appraisal-related Acts and subordinate statutes;

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

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 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 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 a notification order, 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 defendant's age, environment, social ties, criminal records, and the risk of recidivism] Article 50 (1) (the defendant has no record of criminal punishment for a sexual crime before, and thus, has a risk of recidivism or recidivism of sexual assault against him

In full view of the profit and preventive effect expected by an order of disclosure or notification, disadvantages and side effects of the Defendant’s personal information disclosure, there are special circumstances in which the disclosure or notification of the Defendant’s personal information may not be made.

[Determination]

1. A Addenda to the Act on the Protection of Children and Juveniles against Sexual Abuse ( January 2018);

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