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(영문) 수원지방법원 안산지원 2016.06.03 2016고합54

강간미수

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 February 15, 2016, the Defendant, at the “C” alcohol house located in the Gu of Ansan-si, a member of a new wall, had her friend and drinking together with the victim D(18 years, women) and her friendly ties during the day when she had her friend and drinking.

One person of the defendant's friendship and four persons of the victim's and the victim's friendship continue to drink "F" house located in the third floor of the Dong-gu E of Ansan-si, Ansan-si.

On the same day, the defendant got out of the locking line, and went back to the right side of the female toilet in the same floor as the above, because there is a word for the victim around 05:00 on the same day.

The defendant does not mean or refuse to do so by the victim.

Even though "the victim is found to be a defect and love once" to the victim.

".......... the victim forced the victim to be under the influence of alcohol, the chest and the fluor are confined to his hand, and the victim was tried to be off from the string.

However, when the victim completely rejected the victim, the defendant goes off his panty and forced the victim's head to force the victim's head, thereby promptly putting the defendant's sexual organ into the victim's panty.

was made.

When the victim refuses to do so, the victim gets a sound, the victim's friendship was defective by telephone, and the defendant left the above place by putting off both panty and panty.

Accordingly, the defendant did not commit rape but did not commit an attempted rape.

Summary of Evidence

1. Statement by the defendant in court;

1. The statement made in D in video recording CDs;

1. Some of the statements made by the prosecution against G in the protocol;

1. Each police statement made to H and G;

1. Application of statutes on site photographs;

1. Article 300 and Article 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. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. The main sentence of Article 21 (2) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. The exemption of a child from disclosure or notification order of registered information shall be the protection of juveniles against sexual traffic;