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(영문) 수원지방법원 안산지원 2018.11.09 2018고합78

준강간미수등

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

Punishment of the crime

On July 19, 2017, the Defendant first met the victim D (n, 39 years of age) at a group of the offline of the offline, “C,” which was “C,” and the Defendant came to drink together with the victim from around 02:00 on July 20, 2017, when the above group was completed to contact the victim separately, and from around 02:00 on July 20, 2017, from around 04:30 on the same day, he/she would have the victim drive and live together with his/her own driver.

The key of the G EXE car was changed from the injured party, and the car was operated after driving the car and became H apartment at the time when the injured party's residence was located.

1. The Defendant, at around 05:00 on July 20, 2017, parked the said EXE car in the said H apartment parking lot, and subsequently, she was under the influence of alcohold victims and she was placed on the bed on the bed, by entering the said H apartment No. 1-4, the victim’s residence.

The Defendant tried to have sexual intercourse with the victim after she was out of the panty with which the victim was suffering by the victim, but the victim confirmed the birth of the victim, and renounced that the victim was out of sexual intercourse.

Accordingly, the defendant tried to have sexual intercourse with the victim by taking advantage of the victim's mental and physical loss or non-refluence status.

2. The Defendant violated the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Use and photographing of Cameras, etc.) exceeded panty and panty set forth in the above paragraph (1) at the time and place mentioned in the above paragraph (1), and taken 12 times the victim’s negative part of the victim’s cell phone camera with the Defendant’s cell phone camera, but did not actually photograph the victim’s cell phone because the victim’s negative part was kept around, and was committed by attempted crimes.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to D;

1. Application of the reporting Acts and subordinate statutes as a result of digital evidence analysis;

1. Relevant Article of the Criminal Act and the choice of punishment for the crime;