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(영문) 대전지방법원 서산지원 2014.11.06 2014고합93

강간미수등

Text

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

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Criminal facts

1. The Defendant, in the middle of April 2014, attempted to bring kimchi from the Defendant’s house located in Seosan-si D apartment 302, 1204, to the victim E (Woo, 77 years of age) who visited the Defendant to move to the Defendant’s house at the Defendant’s house located in Seosan-si, Seosan-si, 302, 1204.

As the victim refuses this, the victim's chest was forced to commit a indecent act on the part of the victim once.

2. On May 8, 2014, at around 12:40, the Defendant attempted to rape the victim by phoneing the victim at the place indicated in paragraph (1) at around 12:40 on May 8, 2014, stating that “the victim has been forced to break down only to a single house or to a single house,” and then cutting down the victim’s shoulder with his hand by pushing the victim with his hand, and then cutting the victim’s shoulder up to the bees. I want to have the victim walked the part of the victim’s sexual organ, and “the bals, bals,” but the Defendant refused it, but the victim tried to rape the victim by driving the victim’s hair with his hair, shoulder, and breast by drinking the victim’s breast. However, the victim did not have the intent to escape with the Defendant’s arms and carried the victim’s body.

Accordingly, the defendant attempted to rape the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. The witness E’s legal statement (E testified to the effect that the crime of indecent act by compulsion, as indicated otherwise by an investigative agency, is not memory, but E is subject to pharmacologic treatment due to symptoms, such as the age of 77 years old, whose head is currently missing and memory, etc., and the video CD prepared by an investigative agency is reported to the person in question, and the credibility of the entire statement does not reach the extent of suspecting the credibility of the whole statement, in light of the fact that the video CD prepared by an investigative agency

1. Each police interrogation protocol against the accused;

1. The defendant's written statement of the police against E and his defense counsel denied the attempted rape, but part of the defendant's legal statement.