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(영문) 대전지방법원 2015.11.19 2015고합290
강간미수
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A defendant shall be punished by imprisonment for not less than one year and six 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

On June 26, 2015, at around 03:30 on June 26, 2015, the Defendant discovered the victim D (n, 23 years of age) who returned home in the Dong-gu Daejeon, found the victim's home, asked the victim's contact address, forced the victim to take the victim's hand, led the victim's home, forced the victim to be pushed back to the defendant's home, followed the victim by tight back the victim, kid the victim into the pande, and kid the victim's resistance, such as putting the finger into the panty line, and putting the brue into the panty line, and attempted to rape, but the victim did not have attempted to flee out of the wind, such as "and going back as there are other friendship," and the victim did not have attempted to do so.

Summary of Evidence

1. Partial statement of the defendant;

1. Examination protocol of the accused by prosecution;

1. Statement made to D by the police;

1. A report on investigation;

1. The victim photograph, the defendant, and his defense counsel asserted that the defendant had no intention to rape the victim at the time of the instant case. However, the following circumstances are acknowledged based on the evidence, namely, ① the defendant informed the victim walking the her phone number to be followed, so that the victim walking the her phone number is about to be known to him/her, and the defendant forced him/her to take his/her hand and forced him/her to take his/her hand, and forced him/her to take his/her hand to come to the her house, ② the defendant kids the victim entering the house, kids the victim into the house, and kids on the her upper part, and put him/her into the panty part, leaving the her chest part, and waiting him/her to go back to the panty part, ③ The victim is waiting to be sent to the victim in order to gather the situation."

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