beta
(영문) 서울남부지방법원 2014.02.06 2013고합482

강간미수등

Text

Defendant

A Imprisonment with prison labor for two years, and for six months, for Defendant B.

However, for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On October 21, 2013, the Defendant: (a) around 01:05, around 01:05, the Defendant 2: (b) inside the “H” head of Yeongdeungpo-gu Seoul Metropolitan Government F Victim G (Y, 51 years of age)’s operation of Yeongdeungpo-gu, Seoul; (c) the Defendant 2: (d) the Defendant 2: (a) the Defendant 3 was seated on the side of the Defendant; (d) the Defendant 1 was seated on the Defendant’s left side; and (e) the Victim 1 was able to sit on the Defendant’s chest’s chest; and (e) the Victim 1 was forced by force.

2. At around 01:05 on October 21, 2013, Defendant A, within the above heading house, 01:05, she drinked with her friendship B, and her fright together with the victim, and Defendant A tried to commit rape with the victim by making the victim her fright, who was seated immediately next to the victim B, “I her fright,” and making the victim her b right away to the extent that the victim’s fright cannot be easily hidden.

However, the victim was aware of the defendant while "she is off and down of clothes," and the defendant went out of the head of the head of the head of the head of the head of the head of the Si/Gun/Gu, and the defendant brought the victim behind, but passed around the head of the Si/Gun/Gu, but the victim did not go out of the head of the Si/Gun/Gu, such as I, who was aware of the victim's non-defluence, and did not commit an attempted crime.

Summary of Evidence

1. Defendants’ respective legal statements

1. The protocol of public prosecutor’s statement concerning G;

1. An investigation report - An investigation report (to attach records of the results of analysis and appraisal by the DNA);

1. Application of the Acts and subordinate statutes to teared photographs or scene photographs of crime;

1. Article relevant to the facts constituting an offense and the selection of punishment;

(a) Defendant A: Articles 300 and 297 of the Criminal Act (the point of attempted rape);

B. Defendant B: Article 298 of the Criminal Act

1. Defendant A subject to discretionary mitigation: Articles 53 and 55(1)3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. Defendants of the suspended sentence: each criminal law.