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(영문) 대구지방법원 2016.11.24 2015고단6141

위증

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

C On June 5, 2015, around 00:40, at around 00:40, the Defendant, who was the wife in the vicinity of the G, was able to rape the Defendant, was led to the Defendant’s hand, led the Defendant into the closed plastic house in the vicinity, and attempted to be forced to go back the clothes of the Defendant who want to go to go to the house. However, the Defendant resisted against the Defendant, followed the Defendant several times and exceeded all the clothes of the Defendant.

After that, C attempted to engage in sexual intercourse with the Defendant by taking the hand of the Defendant’s hand, prompting the chest part of the Defendant’s chest part, and drinking the Defendant’s chest part by hand. However, the Defendant did not have sexual intercourse with the Defendant. In this process, when the Defendant was able to take the face of the Defendant due to the escape due to a defect in the face of the Defendant, carried the Defendant’s shoulder back into the closed plastic house, and then taken the Defendant’s body back and face by taking the Defendant’s shoulder back and face, thereby preventing the Defendant from resisting the Defendant. However, even though at the time, C attempted to engage in sexual intercourse with the Defendant by a police officer who was reported to the police and dispatched, and was arrested as a flagrant offender, the police officer did not perform his intent and attempted to commit such sexual intercourse. In addition, during this process, the Defendant inflicted an injury, such as the cutting-up of the body necessary for medical treatment for about 21 days.

After that, C was tried for a crime of violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Rape, etc.) in relation to the above case. In the above trial, C and the defense counsel asserted that “The defendant, as a punishment father, was exempted from clothes for the purpose of giving lessons to the victim who is a wife, but immediately reconvened, and the victim’s wife was not a means of rape but a means of rape, and thus, constitutes concurrent crimes of attempted rape and of bodily injury.”