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(영문) 전주지방법원 군산지원 2016.05.26 2015고합15

강간상해

Text

A defendant shall be punished by imprisonment for not less than two years 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 November 13, 2014, around 19:50, the Defendant initially provided the Victim F (n, 27 years of age) (n, 27 years of age) who was introduced through D’s drinking house “D” E, which is located in the following cities:

At around 03:30 on November 14, 2014, the Defendant, along with the above E and the victim, continued to drink with “H” 106 in G, such as the victim, with the intent to rape the victim who was locked under the influence of alcohol.

Accordingly, the Defendant tried to kis on the bucks of the victim who was seated at around 04:00 on the same day, and tried to commit rape after preventing the victim from resisting because the victim's head head was pushed back to the victim's body with his head head knife and knife him, etc., but the victim attempted to commit rape with the wind that the victim completely rejected.

In the end, the Defendant attempted to rape the victim, but attempted to do so, and during that process, the Defendant saw the victim as being fele of the fel, such as the brain felb, the two strings, the right belbs, knee, and the fele of the fel.

Summary of Evidence

1. Each police statement made to F and E;

1. Investigation report (in relation to on-site situation and suspect speech, behavior, etc. after receipt of 112 report), 112 report on processing of the case, investigation report (in relation to victim F's diagnosis report), investigation report (in relation to H's I statement, as to the suspect A's counter investigation) and investigation report (in relation to suspect A's counter investigation)

1. Recording records, and written diagnosis of injury;

1. Application of Acts and subordinate statutes of the scene photographs of the case, victim-in-case photographs, A card use records, etc.

1. Relevant legal provisions concerning facts constituting an offense and Articles 301, 300, and 297 of the Criminal Act that choose a penalty;

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. The Criminal Act, the suspension of execution;