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(영문) 대전지방법원 논산지원 2018.10.10 2018고합46

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

Reasons

Punishment of the crime

After the victim C (V, 26 years old) and the 3-year restriction, the Defendant hedgingd with the victim in December 2017.

On December 17, 2017, the Defendant, at around 13:40 on December 17, 2017, discovered that the victim and other males work together with the victim’s house in Daejeon Dong-gu, Daejeon and about 301, the victim came to the victim’s house, and then came to the victim’s house and became the victim’s house.

At this place, the defendant, who had not been able to know about the victim's coming out of his house with a new male-child with him, brought about a new male-child room and locked to the victim, and brought about a dispute with the victim, and threatened the victim with the victim to take a cell phone of the mixed sea, which was found in the course of the victim's house suspension, and sent it to the parents of the victim, and caused the victim to be pushed up with the plan.

The defendant continued to deal with the victim "I am this low, I am. I am. I am.

The term “the victim’s entrance and alcohol” refers to “the victim’s compulsory height, and the victim’s body was forced, and the victim tried to have a sexual intercourse with the victim by putting in the victim’s body and putting out his/her clothes, but the victim resisted with his/her body, and the Defendant did not have a sexual relationship with the wind to open a beer door and sound with his/her own body.

Accordingly, the defendant attempted to rape the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. The second-time suspect examination protocol against the accused;

1. Statement made by the police against C;

1. E statements;

1. Application of the 112 Report List, the 112 Report Processing of the Victims, the Czelaterglasm, the investigation report (DG CCTV shots), the CCTV CDs, the investigation report (the CCTV shots confirmation), and the investigation report (the report on the E phone statement); and application of the Act and subordinate statutes to the Act and subordinate statutes;

1. Articles 300 and 297 of the Criminal Act concerning the facts constituting the crime;

1. The Criminal Act for mitigation of quantity;