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(영문) 대구지방법원 2020.06.12 2019고합455

강간미수

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

피고인은 2018. 10.경 지인의 소개로 피해자 B(여, 44세)과 골프를 치면서 알게 되어 2018. 11. 1.경부터 ‘위챗(WeChat)’이라는 SNS를 통하여 메시지를 주고받다가 2018. 11. 12. 저녁 피해자를 만나 식당에서 식사를 하고, 노래방에 가서 노래를 부른 후 모텔에 들어가게 되었다.

1. At around 02:00 on November 13, 2018, the Defendant committed the crime at the Moel (hereinafter “the Defendant”), around 02:0, in the Seo-gu Seo-gu Mael D, Seo-gu, Daegu, where the victim out of the toilet opened a visit to leave the house, and where the victim was out of the toilet, the Defendant was out of the rest of the toilet, and the Defendant was out of the room, who was flading the shoulder back from the back of the victim, flading the brue into the bee, flad with the fla of the victim’s body, flading the chest, flad with the flad, and flading the victim’s chest, and flad with the Defendant.

피해자가 “하지 마라, 고소하겠다”고 말하자 피고인은 잠시 멈칫하다가 계속하여 피해자의 바지를 벗기고 피해자가 일어나려고 하자 양손으로 가슴을 눌러 일어나지 못하게 하는 등 피해자의 반항을 억압한 후 간음하려고 하였으나 피해자가 피고인의 뺨을 때리는 등 완강히 저항하는 바람에 그 뜻을 이루지 못하고 미수에 그쳤다.

2. On November 13, 2018, the Defendant committed a sexual intercourse within a car in the Ethical Ethm, which was parked near the above conference around 03:00 on November 13, 2018, and the Defendant was aware that he would come to his house, and the Defendant was boarding the house, and the Defendant was above the chief chief officer, who was off the victim’s body and panty spanty spanty and down the chest, and tried to have sexual intercourse after suppressing the victim’s resistance, such as cutting off the victim’s her part, and inserting the victim’s her part, and inserting her part, and inserting the Defendant’s her part, and inserting the her part.