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(영문) 부산고등법원 2014.10.22 2014노478

강간미수

Text

The prosecutor's appeal is dismissed.

Reasons

1. According to the statements, etc. of the victim in the summary of the grounds for appeal, the judgment of the court below which acquitted the defendant of attempted rape on the ground that the defendant was not guilty of the attempted rape on the ground that the defendant had no intention to rape even though the defendant was fully admitted to commit rape.

2. Determination

A. The summary of the facts charged is that the Defendant, from November 26, 2013 to November 23, 2013, was able to rape the victim E (the age of 23) working as the head of the above reading room (the age of 23).

At around 22:00 on November 27, 2013, the Defendant, at the above reading room, induced the victim to have the meals defective and drink together, and let the victim enter the above reading room as a rest room.

Then, the Defendant: (a) lest all the internal entrances of the reading room are locked; (b) lest the victim seated on the part of the waiting room be forced on one arms, and the victim do so by force, such as saving the victim’s two legs on one bridge, etc.; and (c) imprisoned the victim’s resistance; (d) fright the victim’s chest; (e) fright the victim’s chest; (e) fright the victim’s chest into the part; and (e) fright the victim into the part; and (e) tried to rape by sexual intercourse with the victim, but (e) she did not go through attempted to leave the part of the victim’s water through the doping of drinking water while refusing to do so.

B. The lower court determined that: (a) the place where the instant crime was committed was committed is a rest room in the reading room; and (b) the relation in which the business hours of the reading room at the time had not yet been finished; and (c) so, the place where the instant crime was committed appears to be a place where it is difficult to prevent rape; and (b) at least one hour and 30 minutes has been continued; and (c) the Defendant was lying on the victim and opened one bridge on the buckbucks of the victim, thereby preventing the victim from driving.