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(영문) 대전지방법원 2018.11.02 2018고합122

준강간미수

Text

A defendant shall be punished by imprisonment for one year.

However, the execution of a sentence shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On October 18, 2017, at around 20:00, the Defendant drinked two follow-up persons, including the victim E (the name, female, and the age of 24) (the name, the age of 24) who had a prior marriage awareness of the Defendant in Seo-gu, Daejeon.

After the conclusion of the meeting, the Defendant: (a) sent the victim to the head of the Jung-gu Daejeon apartment Gho-gu, Daejeon to the effect that “the victim was late to go back at our house because he did so; and (b) the victim was moving the victim to the house of the Defendant of the Jung-gu, Daejeon.

At around 01:30 on October 19, 2017, the Defendant: (a) placed his hand in the clothes of the victim locked above the Defendant’s house bed; (b) opened the body of the victim; (c) opened the chest as soon as possible; and (d) laid off her panty and panty; and (c) inserted her sexual flag into the sound part.

As can be seen, the Defendant intended to engage in sexual intercourse by taking advantage of the victim’s mental and physical loss or resistance impossible condition. However, the Defendant attempted to commit an attempted crime by not being in a state of mental and physical loss or resistance because the victim was only able to play too strawly.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness E;

1. Partial statement concerning the suspect interrogation protocol of the defendant by the prosecution;

1. Statement made by the prosecution against E;

1. To make a statement to the defendant some of the copies of the protocol concerning the examination of the suspect one or two times;

1. Statement 1 and twice police statements made to E;

1. Application of the 112 Report Processing List, CCTV CD-related Acts and subordinate statutes;

1. Articles 300, 299, and 297 of the Criminal Act concerning the facts constituting an offense;

1. The proviso to Article 27 of the Criminal Act and Article 55 (1) 3 of the Criminal Act to mitigate attempted crimes;

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1. Article 62 (1) of the Criminal Act on the suspended execution (Article 62 (1) of the Criminal Act on the following grounds for sentencing);

1. Determination on the assertion of the defendant and his/her defense counsel under the main sentence of Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes

1. The injured party at the time of the instant case.