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(영문) 광주지방법원 목포지원 2014.02.20 2013고합117
강간미수등
Text

A defendant shall be punished by imprisonment for not more than ten months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant was a person who was in a de facto marital relationship with the victim C (the age of 43) and the victim was dissatisfied with the victim.

1. At around 00:10 on June 21, 2013, the Defendant detained the victim by putting the victim into the vehicle of E E, a vehicle of E, the victim of which was defective in the victim’s house in front of 00:0,00, and putting the victim into talking with the victim, while getting the victim into the vehicle of E, a vehicle of E, F, Water Lebsia, and her talks with the victim, the Defendant and the victim would be hedging, and the victim would be forced to put the victim into the vehicle, and then the victim would get out of the vehicle, and by allowing the victim to get out of the vehicle of E, a vehicle of E, a vehicle of E, the victim’s own.

2. A violation of the Punishment of Violences, etc. Act (a collective action, deadly weapons, etc.) parked the above vehicle on the roads near the mountain zone located in the Bridge-gun G at the same time, and then knife the knife (40cm in length) which is a dangerous object in the between the said vehicle and the between the said vehicle as knife the victim’s knife. Nevertheless, when the victim said that the knife is the “hicker,” the victim threatened the victim by “the knife and knife the knife,” and

3. The criminal defendant attempted to rape the victim, who was parked on the same date and at the same place as that of paragraph (2), in a vehicle parked on the same day and at the same place as that of paragraph (2), had the victim thought that he/she had sexual intercourse with the victim by force, and prevented the victim from resisting by going beyond the victim and putting the victim's two descendants, but did not commit an attempted rape, and the victim did not have the intent to force the victim to refuse the rape by force.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement by the prosecution against C;

1. Application of the photographic Acts and subordinate statutes;

1. Article 276(1) of the Criminal Act and Article 3 of the Punishment of Violences, etc. Act concerning criminal facts, the choice of punishment (the point of confinement and the choice of imprisonment).

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