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(영문) 광주지방법원 2020.05.08 2019고합506
강간미수
Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

On August 17, 2019, the Defendant: (a) around 03:30 on August 17, 2019, the victim D (a) who was aware of the usual belc in Seo-gu, Seo-gu, Gwangju (a person aged 32) was under the influence of alcohol and panty panty spanty spanty of the victim; (b) exceeded the victim’s panty tyty spanty; and (c) went above the victim’s body was punished by the victim.

As above, while the defendant was punished by the victim's bridge, the victim faced the defendant with the lock and rejected him/her, thereby tighting the defendant, raising his/her head debt.

Nevertheless, the Defendant, by hand, divided the victim’s shoulder so as to prevent the victim from causing the victim’s body, led to the suppression of the victim’s resistance, and attempted to put the Defendant’s sexual organ into the victim’s sound book, and the victim’s sexual organ saw that “I would like to bring the victim into the victim’s sound book, I would like to bring the victim’s sexual organ into the victim’s sound book.” By itself, the Defendant

Accordingly, the defendant attempted to rape the victim by assault and attempted to commit an attempted rape.

Summary of Evidence

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

1. Application of Acts and subordinate statutes to police statements made to victims;

1. Articles 300 and 297 of the Criminal Act applicable to the crimes;

2. Articles 26 and 55(1)3 of the Criminal Act for statutory mitigation following attempted abandonment [see, e.g., Supreme Court Decisions 93Do1851, Oct. 12, 1993; 2016Do11765, Oct. 13, 2016; 201Do1765, supra] Articles 26 and 55(1)3 of the Criminal Act for statutory mitigation following attempted abandonment [in cases where the commission of a crime was commenced and the commission of a crime was suspended by his/her own free will before the crime is completed, such suspension constitutes an attempted abandonment” (see, e.g., Supreme Court Decisions 93Do1851, Oct. 12, 1993; 2016Do11765, Oct. 13, 2016). The main reason why the Defendant attempted sexual intercourse and suspended is due to hearing the victim’s horse, referring to the victim’s unfold against the victim, and the victim’s ancillary.

On the other hand, the police statements of the defendant are made.

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