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(영문) 서울중앙지방법원 2016.10.27 2016고합568

강간미수등

Text

A defendant shall be punished by imprisonment for not less than 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 and the victim C(n, 28 years of age) are between the defendant and the victim who initially delivered the drinking as the introduction of the friendship center around 00:30 on January 9, 2016.

1. At around 04:30 on January 9, 2016, the Defendant plans to rape at the main point of “E” in the Gangnam-gu Seoul Metropolitan Government D Building “E” in order to drink together with the above victim’s day-to-day and to take the victim into the house at the back of the Defendant’s car, while taking the victim into the house at the back of the Defendant’s car.

The defendant tried to have sexual intercourse with the victim by putting the victim into a school zone and parking the victim at a place where approximately one hour differs from that of Gyeonggi-do by using the Olympic Highway, and by putting the victim into the back seat of the vehicle where the victim was seated, putting the victim's timber and shoulder, suppressing the victim's resistance, putting the victim's hand into the victim's clothes, putting the finger into the victim's clothes, and putting the victim's hand into the panty.

The Defendant, among his body, did not commit an attempted act but did not realize the intent of the victim by stopping the act of discovering that the victim was in the middle of his life while resisting the victim B’s in the middle of his life.

2. From 04:30 to 06:00 on the same day, the Defendant: (a) laid the Defendant’s Flelebro vehicle from around the main point of “E” in the Gangnam-gu Seoul D Building to the house of the victim; and (b) even though the victim demanded several times to “offboards” and “on the house,” the Defendant, using the Olympic Highway, parked the said vehicle on the offside of Gyeonggi-do and parked the said vehicle to the offside of Gyeonggi-do; (c) then, (d) placed the victim more than one hour and 30-minutes in the vehicle of the Defendant by continuously driving the said vehicle to the front side of the 180 educational dong-dong, Gangnam-gu, Seoul, to the front side of the 180 educational dong Station.

Summary of Evidence

1. Partial statement of the defendant;

1. A witness G.