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(영문) 대전지방법원 논산지원 2018.10.10 2018고합13

강간미수등

Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

[criminal records] On May 14, 2015, the Defendant was sentenced to eight months of imprisonment with prison labor by the Daejeon District Court for the crime of conflict, etc., and completed the execution of the above punishment on August 30, 2015.

[Criminal Facts] From April 3, 2018 to April 03:00, 2018, the Defendant: (a) at the main points and restaurants located in B, B, and from April 4, 2018, to April 4, 2018, the Defendant: (b) provided that “the victim C (a name, inn, 49 years of age) and the victim who wishes to return home with drinking alcohol to her house after drinking alcohol to her “nick to her house,” and (c) went into the Ecomel located in D at the time of debate with the victim around April 03:15, 2018. The Defendant got the victim into the her house with the victim.

However, the victim is expected to go to the house.

As the victim refuses, he leads the victim to the front of the first floor elevator.

Defendant: (a) forced the victim’s clothes before the elevator of the first floor, forced the victim’s clothes to board the elevator; (b) laid down on the floor of the victim’s head; (c) laid down the victim’s head; (d) laid down the victim’s head into the elevator with the victim’s head; and (e) laid the victim frighted into the elevator with the victim’s head; and (d) laid the victim into the said youth room F, and detained the victim by preventing him from leaving the said youth room by no later than 03:42 on the same day.

Summary of Evidence

1. Partial statement of the defendant;

1. The legal statement of the witness C;

1. Statement made by each prosecutor and police with respect to C (tentative name);

1. A written statement concerning C (tentative name);

1. Requests for preparation of a record, response, reporting on the preparation of each record, and each record;

1. The list of 112 reported cases handled, and the details of reported cases;

1. On-site photographs, victim photographs, CCTV closure photographs, and CCTV images;

1. Arrest reports, internal investigation reports, and investigation reports (the sequence 9,10 of the evidence list) of the occurrence of the case;

1. Previous convictions: Application of inquiries, such as criminal history, replys to inquiries, and inquiries about the personal expropriation status;

1. Relevant Article 276 of the Criminal Act concerning the facts constituting an offense and Article 276 (1) of the Criminal Act concerning the selection of punishment;

1. Reasons for sentencing Article 35 of the Criminal Act for aggravated repeated crimes;

1. The scope of punishment by law: Imprisonment with prison labor for not more than ten years;

2. The scope of punishment recommended on the sentencing criteria [the type of punishment].