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(영문) 의정부지방법원 2016.05.04 2016고합56

준강간미수등

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

Reasons

Punishment of the crime

On October 3, 2015, the Defendant, like Ma-gu, had the victim E, who franchising alcohol in the Fpentthy “F pentthy” of the victim E’s operation, franchising alcohol in the victim G (n, 25 years of age) and the same H (n, 24 years of age).

1. 방실 침입 피고인은 피해자 G, H이 바베큐 장에서 먼저 자리를 뜨고 방으로 자러 가버리자, 같은 날 22:53 경 위 피해자들이 투숙 중인 위 펜 션 팔 라디오 동 빈티지 07 호실에 찾아가 벨을 누르고 발로 문을 1회 걷어찼고, 이에 피해자 H이 잠이 깨어 일행이 온 것으로 오해하고 문을 열어 준 틈을 이용하여 앞을 막아서는 피해자 H을 밀치고 들어가 위 피해자들의 방 실을 침입하였다.

2. Attempted quasi-rape: (a) the Defendant, even though she was demanded by the above H, left in his/her ward and she found people who would have contributed to the Defendant, and tried to engage in sexual intercourse by taking advantage of the victim’s resistance impossible condition, even though she did not go against all the subordinates of the victim G, who was under the influence of alcohol in his/her beds by taking advantage of the cresh between the cresh and causing people who would have contributed to the Defendant; (b) however, the Defendant did not go back to his/her wind, and did not go against such intent.

3. The Defendant damaged the property by drinking 50,000 won of the window value of the living room E owned by the victim, which was discovered of the crime of paragraph 2.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to E, G, and H;

1. All on-site photographs and CCTV photographs;

1. Application of the Act and subordinate statutes to a report on investigation (on-site CCTV analysis), “written agreement,” and written estimate;

1. Relevant legal provisions concerning the facts constituting an offense, Article 319(1) of the Criminal Act (the point of intrusion by room), Articles 300, 299, 297 of the Criminal Act (the point of attempted quasi-rape) and Article 366 of the Criminal Act concerning the choice of punishment;

1. Selection of imprisonment with prison labor for the crime of intrusion by option room, and damage to property;

1. The former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act (the attempts of quasi-rape, the punishment of which is the most severe, shall be made.