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(영문) 수원지방법원 안양지원 2016.01.22 2015고합155
강간미수등
Text

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

The defendant shall be ordered to complete a sexual assault treatment program for 80 hours.

(e).

Reasons

Punishment of the crime

1. On October 27, 2015, the Defendant, who attempted rape and detained the Defendant, discovered the victim D (here, 23 years of age) who was married under the influence of alcohol at the entrance of a commercial building at the time of king-si, on October 27, 2015, and subsequently found the Defendant “absing to the house.”

Where there is anywhere.

“Flags at the horse.”

Therefore, the victim is exempted from the family's "the family is the married person."

It will go into the house when the toilet has been committed.

"Wing to the rest of the toilet in the commercial building" and coming on the job, the defendant, by hand, moved to the victim's head, and led to the change in the female toilet.

At that place, the defendant continues to take one hand the head debt of the victim, and takes one hand the face of the victim at one hand, and "if he/she is aware of it, he/she shall be dead and discarded."

“A victim’s resistance to get off the thalth and the above thalthic column was prevented, and the victim was out of the victim’s stalth and panty, and the victim did not resist to the effect that the victim had sexual intercourse with the victim and tried to have sexual intercourse.

Accordingly, the defendant tried to rape the victim at the same time, and detained the victim for about three minutes at the same time.

2. The Defendant was compelled to commit rape at the time, time, and place specified in paragraph (1) with two cellular phoness, land A, cash, etc. (the total market price of KRW 1,068,00) in which the victim was in possession of the victim under the suppression of his resistance due to such assault and intimidation.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. A criminal investigation report (to hear statements from victims) and a criminal investigation report (CCTV investigation);

1. Application of Acts and subordinate statutes to photographs of goods damaged by robbery;

1. Articles 300 and 297 of the Criminal Act, Article 276 (1) of the Criminal Act and Article 333 of the Criminal Act concerning criminal facts;

1. Articles 40 and 50 of the Commercial Concurrent Crimes Act (an attempted rape and an attempted rape between the crimes of confinement and punishment) are more severe.

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