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(영문) 서울서부지방법원 2016.07.21 2016고합18

강간미수

Text

A defendant shall be punished by imprisonment for not less than one year and six months.

However, the execution of the above sentence shall be suspended for three years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

The Defendant came to know through “D”, which is a mobile phone display case, the victim C (n, 22 years old) and mobile phone display, and made a bridge between approximately two months.

On August 19, 2015, at the distance near the “F Park” located in Jung-gu Seoul Metropolitan Government, the Defendant: (a) heard the horses from the victim to the victim; (b) sought the horses from the victim; and (c) sought the victim from the victim; and (d) the victim continued to drive the victim from the victim’s house.

피고인은 같은 날 21:30 경 서울 서대문구 G 건물 호 피해자의 주거지에 도착하자, 피해자에게 전에 주었던 선물을 직접 가져가겠다며 피해자의 집안으로 들어가 방 안에서 이야기를 하자며 피해자를 강제로 바닥에 앉히고, 욕설을 하면서 베개를 집어 던지고, 선물상자를 발로 찼다.

The defendant continued to commit the above behavior "I am fright, love, I do so only once today," and the defendant was forced to leave the victim's ste and panty, so I am off the victim's ste and panty, so I am off both ste and panty, so I am off the victim's body to prevent the victim from getting out of the victim's bridge with their own ste and ste, and tried to rape the victim's resistance by suppressing the victim's resistance, such as "I am, I do not refuse to do so." However, the victim attempted to commit rape with "I am, I do not do so."

Summary of Evidence

1. 피고인이 이 법정에서 한, 사건 당일 피해자의 집에서 피해자에게 욕설을 하고, 베개를 집어 던지고, 선물상자를 발로 찼다는 취지의 진술

1. Application of the witness C’s statutory statement law

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

1. Mitigation of attempted punishment: Articles 25(2) and 55(1)3 of the Criminal Act;

1. The Criminal Act, the suspension of execution;