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(영문) 춘천지방법원 강릉지원 2014.07.17 2014고합52

강간미수

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

The defendant is born back to the male-gu college of the victim C (ma, 36 years old).

around 17:00 on April 9, 2014, the Defendant drinks alcohol to the victim, D, and felbs on the same day, and drinks alcohol to the Felher 207 in Gangnam-si E at around 21:00 on the same day.

At around 22:00 on the same day, the Defendant called D’s phone in order to leave the telecom and let D, together with the victim, enter the telecom, and falsely called D’s phone, “five to six fights in the order,” and D collected the Defendant.

After diving, the Defendant continued to visit the victim's room 207 room, and opened the door door of 207 room, around 22:15, up to 22:15, 22:15, and forced the victim who can enjoy in the bend, her breast, her breast, her knick, her knife the victim's knife, her knife the victim's knife, her knife the victim's knife, her knife the victim's knife, and her knife the victim's knife and the emergency stairs.

At this time, when the victim was pushed the defendant in both hands and resisted, the defendant went beyond the victim, and the defendant was forced to move the victim, placed the victim on the floor of an emergency stairs door, and tried to rape the victim by cutting off panty and knee under knee, but the victim resisted and resisted knee, but the victim failed to commit an attempted crime without having a wind to return to the her motherel, hear the victim's luxia, and take out the victim's luxia from an emergency stairs.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement regarding C;

1. A report on internal investigation (the relative internal investigation of a victim's male-gu D);

1. Application of Acts and subordinate statutes to photographs by taking on-site photographs (not more than 7 pages of evidence records, not more than 34 pages), CCTVs;

1. Articles 300 and 297 of the Criminal Act applicable to the crimes;

1. Article 25 (2) and Article 55 (1) 3 of the Criminal Act for mitigation of attempted crimes;

1. Suspension of execution is Article 62(1) of the Criminal Act (the following extenuating circumstances among the reasons for sentencing).