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(영문) 광주지방법원 2019.08.23 2019고합184
준강간미수등
Text

A defendant shall be punished by imprisonment for two years.

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

1. The Defendant, on March 6, 2019, tried to drink quasi-rape with the victim C (nive, 19 years of age) located in the Seo-gu Seo-gu building in Seo-gu, Seo-gu, Gwangju around March 6, 2019, after drinking alcohol together with the victim and drinking alcohol to the inside of the victim, forced the victim to rape the victim, forced the victim from his/her mouth and clothes, and had the victim's body covered by several times in the part of the victim, and had the victim faced with the victim's body in his/her hand while the victim was unsured, but tried to talk with the part of the victim's body, and inserted the Defendant's sexual organ into the part of the victim's sexual organ. The victim refused the victim's body with the victim's body and caused the victim to have attempted to do so by "whether he/she was impnered at present, why she did it, and why she did not do so."

Accordingly, the Defendant attempted to rape the victim in a state of impossibility to resist.

2. The Defendant, at around 14:00 on March 10, 2019, committed indecent acts by compulsion, by force, committed indecent acts by force against the victim, such as: (a) the victim, who sits on the inside floor of the embankment at the same place as Paragraph (1) of this Article; (b) the victim was able to sit in both arms; (c) the victim was able to come on the Defendant’s bridge by continuously entering the victim; and (d) the victim “I am sick, I am sick, and was sick.”

Summary of Evidence

1. Statement of the accused in the first protocol of trial;

1. Each police statement of C or D;

1. Application of the statute to each photograph (No. 14, 17), recorded CDs, and each investigation report (Evidence List No. 13, 16)

1. Relevant legal provisions concerning facts constituting an offense, and Articles 300, 299, and 297 of the Criminal Act that choose a penalty, and Article 298 of the Criminal Act;

1. From among concurrent crimes, the former part of Article 37 and Article 38 (1) 2 of the Criminal Act (aggravating concurrent crimes within the extent that the sum of the long-term punishments of the crimes concerning attempted quasi-rape prescribed in more severe punishment is added);

1. Articles 53 and 55 of the Criminal Act for discretionary mitigation.

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