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(영문) 부산지방법원 동부지원 2018.11.06 2017고합259

준강간미수등

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

"2017 Gohap 259" is between the defendant and the victim D (V, 27 years of age).

1. Around 02:30 on July 13, 2017, the Defendant: (a) got off the 1st floor of the “Ftel 1st floor located in Suwon-gu, Busan; (b) was playing in Busan-do during the bed leave; and (c) discovered the victim who was seated in Busan-do and was unable to grow up with the mind, and caused the victim to have sexual intercourse with the victim, and led the victim to 307, “H” located in Suwon-gu, Busan-gu, Busan-gu, where approximately five minutes of the way, at the same place.

Accordingly, the Defendant kidnapped the victim, who is physically and mentally lost or unable to resist for the purpose of sexual intercourse as above.

2. The Defendant, who received quasi-rape at around 07:00 on the same day, knew that the victim was physically and mentally deprived or physically unable to resist, such as the victim’s her body being sniffed and unable to her body, and the victim was unable to resist due to such physical and mental loss or imprisonment, and used the victim’s state that he was unable to resist. In order to put the victim into the victim’s sexual organ into the victim’s body after her humbing the victim’s entrance, hum, chest, chest, and humb, the victim’s humbling “I are difficult, hume, and so humbling.”

"..................... the defendant was not engaged in attempted activities on several occasions, which means that the defendant was pushed down.

around 16:34 on August 31, 2017, the Defendant 2017 Gohap 298 driven an ISM5 car from the section of about 4km to the square of 49 meters located in the same Gu-dong from the 16:34 on the roads of Samsung Cown-dong located in the Southern-dong of Busan to the square of 49 meters in the same Gu-dong.

Summary of Evidence

"2017 Gohap 259"

1. Statement by the defendant in court;

1. Statement made by the police with regard to D;

1. Each police and prosecution report (the list of evidence Nos. 3, 5, 8, 9, 10, 11, 12, 18, 20, 29, 32);

1. Each request for appraisal, each gene appraisal report, 2017, 298;

1. Statement by the defendant in court;

1. Prosecutions;