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(영문) 의정부지방법원 고양지원 2021.03.17 2020고합336

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 a period of three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Around March 15, 2020, the Defendant became aware of the victim B (the 26 years of age) through the introduction-rating method, “the Alley percentage” (hereinafter “the around March 15, 2020) and became the first victim around March 21, 2020.

1. On March 21, 2020, the Defendant forced indecent act: (a) at the “E” room of the “D” escape game room located in the Dongdong-dong-gu C building located in Mangsan-dong-gu, U.S. on March 21, 2020; (b) at the victim’s seat where the victim was engaged in the game together with the victim; (c) was placed in the victim’s own view even though the victim refused to do so; (d) was put in the victim’s own view; and (e) was committed by forcing the victim by taking the victim’s body, following the victim concentrating in the game around 21:45 on the same day.

2. 강간 미수 피고인은 2020. 3. 21. 23:30 ~23 :40 경 사이 고양시 일산 동구 F 건물 소재 'G' 마 사지 샵 1번 방 커플 룸 내에서, 마사지를 마치고 눈을 감은 채 옆자리에 누워 있던 피해자를 간음하기로 마음먹고, 갑자기 피해자의 몸 위로 올라 타 피해자의 가슴을 만지며 핥고 팬티를 벗긴 후 다리를 벌려 성기를 삽입하려 하였으나 피해자가 몸을 비틀며 저항하여 그 뜻을 이루지 못하고, 계속하여 다시 옆으로 누워 있는 피해자를 뒤에서 끌어안고 피고인의 성기를 피해 자 엉덩이에 비비며 수회 삽입하려 시도하였으나 피해자가 몸을 비틀며 저항 하다 밖으로 달아 나 그 뜻을 이루지 못하여 미수에 그쳤다.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against B;

1. A receipt for payment of a record of investigation reports (Evidence Nos. 4, 5, 6, 8, 10, 12, 13, 15, 18 of the evidence list) Kakao Stockholm dialogue and a record of recording;

1. Application of Acts and subordinate statutes to each CCTV CD (Evidence No. 7,19)

1. Relevant legal provisions concerning facts constituting an offense, Articles 300, 297 of the Criminal Act (the points of attempted rape) and Article 298 of the Criminal Act (the point of forced indecent conduct and the choice of imprisonment);

1. The former part of Article 37 of the Criminal Code, Article 38(1)2 of the Criminal Code, which increases concurrent crimes.