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(영문) 광주지방법원 2018.03.30 2017고합567

강간미수

Text

A defendant shall be punished by imprisonment for one year.

The defendant shall be ordered to complete a sexual assault treatment program for 80 hours.

Reasons

Punishment of the crime

On September 2016, the Defendant continued to drink drinking at the victim’s house located in Gwangju-gu, Gwangju-gu, while drinking drinking at the victim’s house at around January 26, 2017, the Defendant continued to drink drinking at the victim’s house located in Gwangju-gu, and went to the house of the said victim together with the victim.

On January 27, 2017, the Defendant, at around 05:00, 05:0, she wrokeed the television at the victim’s home, and kid the victim’s boat and kid the victim, and left off the panty and panty of the victim, even though the victim refused to do so.

Although the Defendant continued to refuse “the victim’s speech,” it refers to the purport that “the victim is “the victim’s frighten,” and “the victim’s frighten ma,” and the Defendant’s fingers are prohibited, and the Defendant’s fingers are put into the victim’s sound part, and the Defendant’s fingers were forced to put into the victim’s sound part. However, the Defendant did not put into the wind that the frighten victim frightly resists and pusheds the Defendant’s body.

Accordingly, the defendant did not commit rape but did not commit an attempted rape.

Summary of Evidence

1. Partial statement of the defendant;

1. The legal statement of the witness C;

1. Written consent to the collection of identification data, on-site identification results reports, gene assessment reports, and investigation reports (No. 39 No. 5 of the evidence list);

1. Determination as to the defendant and his defense counsel's assertion of recording records, video CD photographs taken by the victim's own persons

1. The summary of the argument is that the defendant, while entering the victim's residence and drinking alcohol together with the victim and drinking alcohol naturally and had a physical contact with the victim, the victim's act was suspended by saying "the victim must go to the bomb" himself/herself, and there was no fact that the victim tried to be out of clothes or she was able to commit rape by preventing the victim from forced learning.

2. The judgment of this Court is duly adopted by this Court.