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(영문) 서울중앙지방법원 2019.08.13 2019고합480

준강간미수

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

The charges were appropriately revised and corrected to the extent that it does not interfere with the defendant's exercise of right to defense.

[Attachment] The Defendant, from October 30, 2018, was a person who served as the Secretary General of “B” from around October 30, 2018, and the victim C (one person, other person, and 34 years old) was an employee of the above organization.

At around 18:00 on November 14, 2018, the Defendant, along with one victim and one other female employee, proposed to drink fluenite rice, and presented fluent rice with the above two persons, and also, was fluent fluent fluent d restaurant in Jongno-gu Seoul, Jongno-gu, Seoul.

The defendant and the victim met the 4 illness by dividing them into one illness, and the other female employees were unable to drink, and they returned home without drinking alcohol.

The defendant, after making a proposal to the victim for two vehicles, drank one disease in the Japanese style liquor, after getting a taxi together with the victim in Seocho-gu Seoul, between 21:40 on the same day and 21:50 on the same day, after getting the victim from the ero in Seocho-gu Seoul.

Accordingly, when the victim gets alone and became personnel inequality, the defendant moved the victim to the Seocho-gu Seoul Metropolitan Government Felel.

【Criminal Facts】

The Defendant, between November 14, 2018 and November 15, 2018, from around 23:08 to around 01:02, 201:02, from the above Moel G, the Defendant exceeded her inner part, and tried to have sexual intercourse with the victim by cutting off her inner part of the victim’s body with her inner part and string off her inner part of her body under the influence of alcohol on her part, and then dividing the victim’s body with her own body. However, even if her part of her play, the Defendant resisted the Defendant at her own resistance, and was unable to realize her intention with her own corridor.

Accordingly, the defendant attempted to have sexual intercourse with the victim by taking advantage of the victim's mental or physical condition of non-fluence or non-fluence.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of C and H;

1. A report on internal investigation (the matters concerning the search for the host);

1. On-site photographs;

1. CCTV images;