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(영문) 전주지방법원 2019.05.08 2017고합273

강간미수

Text

A defendant shall be punished by imprisonment for not less than one year and six months.

The defendant shall be ordered to complete the sexual assault treatment course for 40 hours.

Reasons

Criminal facts

On November 5, 2017, the Defendant, at around 02:30, at the main point of “C” located in Yansan-gu B and 1st, Jeonju-si, Jeonju-si, requested the victim D (one person) who met or became aware of in the past age clubs, and the victim who gets on a taxi in the same taxi to take off the taxi in the same taxi and to leave the taxi engineer.

At around 06:00 on the same day, the Defendant: (a) brought the victim's bank to prevent the victim from returning to the taxi, (b) brought the victim's room in order to prevent him/her from returning to the taxi, and (c) discovered the "Felururel" at the front city of the same day on 06:40 on the same day, and (d) went to the victim's room due to his/her influence in mind of having sexual intercourse with the victim.

The Defendant, on the part of the victim, was forced on the part of the victim on the part of the victim, laid off the victim’s clothes on the part of the victim, and prevented him from passing away from the victim’s entrance in order to suppress the victim who embling and resist his body. The Defendant tried to put the victim’s sexual organ into the victim’s sexual organ after allowing the victim not to drive the victim by putting the two arms of the victim’s body on the part of the victim, and then inserted the victim’s sexual organ into the victim’s sexual organ. However, the Defendant attempted to put the victim’s sexual organ into the victim’s sexual organ, such as continuing to pushed the Defendant.

Accordingly, the defendant tried to have sexual intercourse with the victim, but did not have attempted to do so.

Summary of Evidence

1. Legal statement of witness G;

1. The recording of statements made by witnesses D in the second trial records;

1. Statement made by the police in relation to D;

1. Investigation report (Attachment of the contents of the H given and received by the injured party-friendly G and the perpetrator), closure photographs of the contents of the H dialogue, investigation report (related to attachment of photographs of the injured party), and photographs on the upper part of the injured party;

1. Application of the Acts and subordinate statutes that capture the contents of the I message submitted by the suspect;

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

1. Statutory mitigations Articles 25(2) and 55 of the Criminal Act