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(영문) 대구지방법원 2019.09.27 2019고합105

유사강간미수등

Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Defendant

In addition, the applicant for medical treatment and custody (hereinafter referred to as the "defendant") committed the following crimes under the lack of the ability to discern things or make decisions due to the injury or illness:

1. On December 18, 2018, the Defendant: (a) discovered the victim C (a) entering the building in front of the building in Daegu Northern-gu, Daegu (hereinafter “Seoul-gu”) around 18:20 on December 18, 2018; (b) attempted rape, such as inserting fingers into the part of the victim’s drinking, etc.; (c) led the victim’s back to the back end of the building; (d) led the victim to the back end of the building, by provokinging the victim’s body with his hand at his left seat; and (e) led the victim’s sound at that place; and (e) led the victim’s sound at that time, hearing the sound at that place; and (e) attempted rape.

2. On December 18, 2018, the Defendant committed indecent act by compulsion: (a) committed an indecent act by compulsion on the part of the victim E (name, leisure, age 19) in front of the Daegubuk-gu Diveel; (b) committed an indecent act against the victim; (c) the Defendant committed an indecent act by compulsion against the victim on the part of the victim with his/her selling the victim with his/her arms and shoulder; and (d) the Defendant committed an indecent act by force.

Summary of Evidence

1. The defendant's protocol of statement 1 C (tentative name), E (tentative name), and F by the police;

1. Occurrence of a case of rape, and reporting on the arrest of the suspect in the act of committing the crime;

1. A list of reports on internal accidents and 112 reported cases;

1. Each investigation report (including the attachment of CCTV images and caps photographs around the place of occurrence, the details of dispatch, the statement of the suspected person, etc.), the CCTV image photograph;

1. Each investigation report (the attachment of a statement of opinion on a suspect and a copy of medical records, the addition of a statement of intention, etc.), opinion on opinion, and the application of Acts and subordinate statutes;

1. Relevant Articles 300 and 297-2 of the Criminal Act concerning the crime, the choice of punishment, and Article 298 of the Criminal Act concerning the crime;

1. Articles 10 (2) and 55 (1) 3 of the Criminal Act that are legally mitigated;

1. The punishment of the former part of Article 37, Article 38(1)2 and Article 50 of the Criminal Act to increase concurrent crimes is heavier;