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(영문) 대구지방법원 2016.03.25 2015고합588

강간미수

Text

Defendant shall be punished by imprisonment for a term of 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

The Defendant written indictment at around October 11, 2015, stating “Around October 10, 2015.” However, according to the evidence records, the Defendant and the victim sent alcohol to another place from October 10, 2015, and around October 11, 2015, and during that process, the instant crime was committed, and thus, the correction is made as above.

The victim C (the 27 years of age) and two of the Defendant’s friendships and two of the Defendant’s friendships and the second place, were in mind to rape the victim, and the victim said that “the friendlys are in another place in the singing room in which they are not a woman,” and said that “the friendlys are in a different place.”

The Defendant inducedd the victim as if he were in other places, sent the victim to the Defendant’s vehicle, and parked the same in front of the E University F Memorial in U.S. D, D, D, D.

At around 02:27 on the same day, the defendant forced the victim to wear the victim and transferred the victim's seat to the head of the steering room where the victim is seated, divided the shoulder of the victim by hand, and forced the victim's resistance.

Thus, the defendant tried to leave the victim's chest and panty, and put the sexual flag into the sound part of the victim, but he attempted to escape from the victim's motor vehicle by putting the victim's chest into the front part of the victim.

Accordingly, the defendant tried to rape the victim, but attempted to commit a crime.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. The application of Acts and subordinate statutes to police investigation reports (in the case of attaching CCTV images to the site and CCTV images);

1. Articles 300 and 297 of the Criminal Act concerning the facts constituting the crime;

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1. Article 62 (1) of the Criminal Act (wholly considering the favorable circumstances) of the suspended execution;

1. Article 62-2 (1) of the Criminal Act; the main sentence of Article 16 (2) and Article 16 (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes;

1. Exemption from an order of disclosure and notification;