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(영문) 부산지방법원 동부지원 2015.02.13 2014고합242

강도강간미수

Text

A defendant shall be punished by imprisonment for three years.

Reasons

Punishment of the crime

On December 25, 2014, the Defendant, while under the influence of alcohol around 22:20 on December 25, 2014, discovered the victim D (the age of 43) who was under the password of the 1st floor of the building in question in order to enter the dwelling route near the studio C Studio in Busan, Daegu, and was able to take away property by assaulting and threatening the victim, and rape the victim.

Accordingly, the Defendant added the victim’s head to the victim’s head, moved the victim’s head to the parking lot on the first floor of the building in question, and took the victim’s head from the victim’s identity registration number to the victim’s front, and then took the victim’s knife by threatening the victim to leave the knife without being able to die.” Then, the Defendant took the victim’s cash-owned KRW 15,000, Busan Bank’s credit card 1, Samsung Galle-gu, Samsung Galle-gu, one cellular phone, and two knife knife-gus for women in the city where the victim’s resident registration certificate is included.

After that, the Defendant intending to commit rape, citing a string of flapsed with the victim’s shoulder, and by threatening that “I will die without her clothes until her accelerators,” and by suppressing the victim’s resistance, the Defendant satisfing the victim’s chest by gathering his fingers from the victim’s inner part, and again, she attempted to rape the victim, “I will see the victim’s chest (sexual intercourse) once again, I will do so. I will see that I will flaf, I will do so. I want to rape the victim, but the victim was flafed with the police officer patroled at a place other than the victim who was flafing to the other place.”

Accordingly, the Defendant, through violence and intimidation, took property after suppressing the victim's resistance, and tried to rape the victim, but attempted to commit an attempted crime.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. The police seizure record and the list of seizure;

1. Articles seized, on-site and victims;