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(영문) 인천지방법원 부천지원 2020.05.15 2019고합307
강간미수등
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

around December 2018, the Defendant was bling with the victim B (n, 20 years of age).

On January 2019, the victim reported marriage with the victim, and the divorce was made on May 10, 2019.

1. From May of 2019 to June of the same year, the Defendant: (a) took the victim’s moving workplace, male problem, etc. in Michuhol-gu Incheon, Michuhol-gu, Incheon, and (b) took the victim’s oral dispute with the victim, saying, “I do not want to see it as having contacted with the victim by handphone; (c) the victim’s market price is equivalent to KRW 69,000, the victim’s cell phone 69,000.”

Accordingly, the defendant damaged the victim's property.

2. Around 20:47 on July 30, 2019, the Defendant attempted rape and detained the victim at the Bupyeong-gu, Incheon, Bupyeong-gu, and had the victim talked with the victim on a male problem while talking with the victim, and caused the victim to sleep up to 4 times with his/her head by hand.

The defendant tried to sustain the victim with the intention to reach a compromise while engaging in a sex relationship, but the victim returned back the body, and the victim was able to get out of the body and pushed down the body of the victim with the defect of the victim himself/herself who attempted to get out of the body, and forced him/her to leave the body of the victim, and exceeded the clothes of the victim.

이에 피해자가 “집에 가겠다.”라고 말하면서 나가려고 하자 다시 피해자의 몸을 붙잡아 나가는 것을 막고 여러 차례 나가려고 하는 피해자의 몸을 잡고 문 앞을 가로 막고, 피해자의 얼굴과 몸통을 손으로 수회 때리는 방법을 이를 막고, 피해자를 침대에 눕혀 가슴을 움켜쥔 후 피고인의 성기를 피해자의 음부에 삽입하려고 하였으나 피해자가 거세게 반항하여 삽입하지 못하였고, 2019. 7. 31. 01:23경까지 위와 같이 피해자가 밖으로 나가지 못하게 하였다.

Accordingly, the defendant is trying to arrest the victim and rape the victim.

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