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(영문) 대구지방법원 영덕지원 2017.08.10 2017고합13

간음약취미수

Text

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

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

Reasons

Punishment of the crime

On May 18, 2017, the Defendant discovered the victim H (L, name, and age 17) who was returning home in the old-gu G in the old-gu, Young-gu, Chungcheongnam-gu, Seoul Special Metropolitan City, with a view to forcing a female to have a sexual intercourse by force and threatening him into a knife, and had the kitchen knife in the F EF rocketing car of the Defendant’s driving, put the kitchen knife into the above car and was committing a crime. On the same day, around 19:50 on the same day, the Defendant decided to have a sexual intercourse after he paid the victim by force to the other.

Therefore, Defendant 1 driven the above car with approximately 300 meters of the victim's body, and the victim's driver and driver's driver by driving the car into a four-dimensional road, set up and lowered the above car on the right side of the victim's body and the head part of the victim's body with his left hand, and pushed the victim's body and head part of the victim's body with his left hand, and pushed the victim's body and body part of the victim's body going to the above car, and forced the victim to walk the so-called "Hd" in which the victim gets her body and body part of the victim's head to escape from this resistance, and attempted to break the above car. However, the victim did not have attempted to resist it with the wind of the defendant's arm's body.

Accordingly, the defendant attempted to capture the victim for the purpose of sexual intercourse, but attempted to commit it.

Summary of Evidence

In relation to the defendant's legal statement, the police's report on the interrogation protocol of the suspect H (name of 112 report and the attachment of situation report), investigation report (related to vehicle photographs taken at the time of the suspect A's emergency arrest), investigation report (related to the suspect A's license and investigation report), investigation report (related to the suspect A's license and investigation inquiry), investigation report (related to the suspect A's search knife of the suspect A's car), investigation report (related to the confirmation of the part of the suspect A's hand and the color of the suspect as soon as possible), investigation report (related to the suspect A's knife of clothes at the time of committing the crime), investigation report (related to the on-site photographing), investigation report