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(영문) 서울동부지방법원 2018.04.06 2017고합329

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

On June 11, 2017, the Defendant indicated the victim F (VV) age as “40 years of age” in the facts charged in the instant case in the “EM club” located in Sungnam-si, Sungnam-si, as the victim F (V). However, according to the evidence, this is deemed to be a clerical error in the “50 years of age,” and thus, is revised as above.

The first day of the week G of the victim and the victim were met.

1. Around 03:50 on June 11, 2017, the Defendant: (a) discovered that the said G was in contact with the victim, who was at the upper age club, at the direction of the water, and was in contact with the victim (hereinafter referred to as the “defing”), and attempted to open the front door door door door door door door door door door door door door door door door door door door door door door and get out of the taxi, and (b) sought to get out of the taxi for the purpose of having sexual intercourse with the victim getting out of the taxi and getting out of the taxi, the Defendant, who was the victim of the Defendant’s abduction who was set off from the taxi above the above G, got out of the taxi with the victim, went in front of the Iel located in Gangdong-gu Seoul Metropolitan Government, for the purpose of having sexual intercourse with the victim getting out of the taxi and getting out of the taxi together with the victim, and went into the victim’s body by drinking up to 303 rooms.

2. On June 11, 2017, the Defendant, at around 04:13, 2017, attempted quasi-rape, was drunk at the instant IMoel 303 heading room, was drunk from the victim in a sloping room, was set off in the sloping room, was exempted from clothes, and the victim was frightd into the victim’s chest, and attempted to have sexual intercourse with the victim. However, the Defendant attempted to have sexual intercourse with the police officer called out.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to F, G, and J;

1. Application of Acts and subordinate statutes to a report on internal investigation ( Results of a request for appraisal), and a statement of handling reported cases under 112;

1. Articles 300, 299, 297, and 288 of the Criminal Act concerning the crime;

1. Aggravation of concurrent crimes as prescribed by the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act [the scope of the aggravated punishment plus the long-term punishment of the above two crimes].