(영문) 대전지방법원 천안지원 2019.08.21 2019고합107

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Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 대전지방법원 천안지원 2019.08.21 2019고합107

강간미수

Text

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

The defendant shall be ordered to complete the sexual assault treatment program for 40 hours.

Reasons

Punishment of the crime

The defendant frequently visits the main place operated by the victim B (the age of 36) to customers, and is in a relationship with the victim known to him.

On February 19, 2019, around 06:30 on February 19, 2019, the Defendant was trying to commit rape with the victim’s face and body, she was unable to take care of the victim and walked off the victim’s clothes with her hand, she was able to take care of the victim’s chest, she was able to leave the victim’s chest with her hand, with the victim’s refusal to take care of the victim’s chest, and walking the victim’s side and walking the victim’s body. However, the Defendant attempted to commit rape with the victim’s face and body with her seat and body, and failed to take care of the victim’s arms, etc.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of the witness B;

1. Determination as to the assertion by the accused and defense counsel of CCTV CD (16 pages of investigation records)

1. The summary of the claim is the date and time indicated in the judgment of the defendant, and the victim's consent is thought to be placed on the bed, and there is a fact that the victim was placed on the bed and tried to be placed on the bed of the bed and off the bed of the victim's clothes, but the victim was suspended after the victim expressed his intent to refuse to contact with the person. At the time of the case, the defendant had no intention to rape

2. The following circumstances acknowledged by the evidence of the judgment, i.e., (i) the victim has consistently made a statement that corresponds to the main contents of the damaged fact from the investigative agency to the present court; (ii) the content of the statement is very specific; and (iii) the victim’s appearance and attitude in this court is sufficiently reliable; and (iv) the victim’s statement appears to be sufficiently reliable; and (v) the Defendant appears to have been on his/her driver’s vehicle and placed the victim into the cel.

유사 판례

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-청주지방법원 2019.07.26 2019고합88

-서울북부지방법원 2013.09.13 2013고합191