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(영문) 서울중앙지방법원 2019.01.25 2018고합1146

강간미수

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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On March 2018, the Defendant was a deader who diversized with the Victim B (Min, 18 years of age) and the diving.

Around 08:00 on May 18, 2018, the Defendant called “D” club located in Gangnam-gu Seoul Metropolitan Government C with the victim who was frightly and became the victim, and called “I am her speech” to the victim who returned home with her friendship.

At around 10:00 on the same day, the defendant tried to divide the victim's talk with the victim's house before the victim's friendship F, and entered the F's house with the victim's house.

After having come to a toilet in F’s house, the Defendant came to her own victim, coming to her back with the back of the victim’s back to the Defendant, coming to her back with the back of the victim’s back to the Defendant’s hand, and continued to hold the victim’s back to the Defendant, and trying to walk the back of the victim’s body head spane, walking the victim’s back to the panty, avoiding the victim’s back to the toilet, leaving the victim back to the toilet, leaving the victim back to the toilet, then she spane the victim back to the be pushed back to the spane, she spane the victim back to the spane, put the spanty of the victim into the part of the victim, and then put the finger back into the part of the victim.

Although the body of the defendant continues to be sealed by the body of the victim, and the victim's sexual organ was intended to be inserted into the body of the victim, but the victim was not able to do so with the wind of resistance and resistance.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning B;

1. Investigation report (to G telephone conversations for reference);

1. Each gene appraisal report;

1. Application of Acts and subordinate statutes concerning H-cap outputs;

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

1. Article 25 (2) and Article 55 (1) 3 of the Criminal Act for mitigation of attempted crimes;

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. The main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes;

1. An order to restrict employment;