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(영문) 인천지방법원 2014.03.28 2013고합856

준강간미수

Text

A defendant shall be punished by imprisonment for two years.

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 September 9, 2013, around 04:30, the Defendant: (a) confirmed the victims E (n, 34 years of age), victim F (n, 27 years of age) and G, who were carrying out alcohol together with the victim, and confirmed that the victims were the victims by telephone to the victim E when they were returned home at around 08:00 on the same day; and (b) told the victims to drink the alcohol, and found them to be the E house of the victim in the south-gu Incheon Metropolitan City.

1. Around September 09:00 on September 9, 2013, the Defendant attempted quasi-rape to the victim E, discovered the victim who was locked by enjoying the victim’s inside the house of the said victim E and had the victim engage in sexual intercourse with the female.

피고인은 누워 있는 피해자에게 다가가 피해자의 옷과 속옷을 모두 벗기고, 손으로 피해자의 가슴을 만지고, 손가락을 피해자의 음부에 넣고, 입으로 피해자의 가슴과 음부를 빤 다음 성기를 삽입하여 간음하려 하였으나 발기가 되지 않아 미수에 그쳤다.

Accordingly, the defendant attempted to engage in sexual intercourse by taking advantage of the victim's mental condition.

2. The Defendant attempted to have sexual intercourse with the victim F, as seen above, attempted to have sexual intercourse with E, and immediately left the said E’s house, and discovered the victim F who was locked at the same place, and intended to have sexual intercourse with the female.

The Defendant, who was on the part of the victim's body, kids the victim's chest and scarb, kids the victim's chest and scarb on the clothes, and flabs the victim's chest while trying to unflad the path of the path, flabs the victim's flabs the E, and flabs the victim's sound, flad with the wind.

Accordingly, the defendant attempted to engage in sexual intercourse by taking advantage of the victim's mental condition.

Summary of Evidence

1. Defendant's legal statement;

1. Each prosecutor's statement concerning E and F;

1. Application of statutes to field photographs and written appraisal of the National Institute of Scientific Investigation;

1. Criminal facts;