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(영문) 수원지방법원 2015.12.17 2015고합525

강간미수

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 13, 2015, at around 03:50, the Defendant appeared in a drinking place, with the intent to rape the victim C (the age of 19) first known on that day, carried the victim C into an online hotel in Suwon-gu, such as drinking houses, and carried the victim’s neck from the back to the end of the hotel underground parking lot in Suwon-si, such as drinking houses, and carried the victim’s neck on the same day at around 04:00 on the same day, and carried the victim’s neck down on the floor, she was set off on the floor, and kid with the victim’s neck.

The Defendant continued to refuse the victim's sexual organ as soon as the victim did, but the victim refused it, she 4 to 5 times by drinking the victim's head, and she saw him/her to die. Mad. Mad. Mad. Mad. Mad. Mad. Mad. Mad. Mad.], thereby preventing the victim from resisting his/her sexual organ by threatening him/her, thereby allowing the victim to immediately join the victim's sexual organ, causing the victim to go off, causing the victim to go off his/her panty, and then she attempted to put the Defendant's sexual organ into the part of the victim's sexual organ but failed to go out.

Accordingly, the defendant attempted to rape the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police officer with respect to C and F: 1. Report of the 112 Incident, and explanatory note;

1. On-site photographs;

1. Determination as to the assertion of the defendant and his defense counsel by each investigation report (the Nos. 1, 5, 7, 8, 10, 14, 15, 17 of the evidence list)

1. At the time of the instant crime, the Defendant was in a state of mental disability under the influence of alcohol.

2. According to the evidence adopted and examined by the court, it is recognized that the defendant was under the influence of alcohol at the time of committing the instant crime.

However, in light of the background and method of the instant crime, content, Defendant’s behavior and attitude before and after the instant crime, which was acknowledged by the evidence adopted and examined by the court, it is deemed that the Defendant was under the influence of alcohol so as to have lost the ability to discern things or make decisions.