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(영문) 수원지방법원 2020.05.07 2020고합130

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

The defendant is the friendship relationship between victim B (a family, female, 19 years of age) and middle school and high school.

1. Around December 12, 2019, the Defendant: (a) met the victim while drinking alcohol; and (b) recommended the victim to grow himself from the her to the her motherel; and (c) consented on December 13, 2019, the Defendant got the victim to move into the her motherel DNA room in Suwon-gu, Suwon-gu, Suwon-si, Suwon-si.

이후 피고인은 위 호실 화장실에서 양치질을 한 후 피해자가 그곳 침대 위에서 술에 취해 엎드려 잠을 자고 있는 것을 발견하고 피해자의 나체를 촬영하면서 강간할 마음을 먹고, 피해자를 돌려 눕힌 후 피해자의 바지와 팬티를 아래로 내리고 피해자의 입에 강제로 키스를 하였으며, 혀로 피해자의 성기 부위를 핥고, 손가락을 피해자의 성기 안으로 넣었다

In other words, the number of times has been repeated.

Although the Defendant continued to put the victim's name and the brue into the victim's chest by hand, and tried to put the Defendant's sexual organ into the victim's sexual organ, the Defendant was unable to bring the victim's eye into the victim's sexual organ. However, the Defendant was unable to bring the Defendant out of the wind by putting his clothes out of the victim's sexual organ.

Accordingly, the Defendant attempted to engage in sexual intercourse by taking advantage of the victim's mental or physical condition of mental or physical failure to resist.

2. The Defendant violated the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (hereinafter “Special Cases Concerning the Punishment, etc.”) exceeded the clothes of the victim at the same time and at a place as set forth in paragraph (1), and taken photographs of the victim’s sexual whistles on two occasions using the Defendant’s gallus lusular phone camera.

Accordingly, the defendant is against the will of the victim, who might cause sexual humiliation or shame by using the camera or other similar devices.