logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 광주지방법원 2012.09.06 2012고합227
준강간미수
Text

Defendant shall be punished by a fine of KRW 8,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

From around 03:00 on November 6, 201 to 05:00 on the same day, the Defendant drinked alcoholic beverages with the trade name in Seo-gu, Seo-gu, Gwangju, with E and E and the victim F (the age of 21) who became aware of through D University student conference, and went to a G telecom located in the same building as the above drinking house with E, with the victim, with E, with the victim’s withdrawal, and the victim. The victim was 911, and her her her her her her her her her her her her her her her her her her her her her her her her part, and her her her her her her her part, and her her her her part, led the victim to an indecent act by force by force by the victim's her her her her part, with the victim’s her her her part, and by force the victim’s her her part.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness F;

1. Examination protocol of the accused by prosecution;

1. The defendant and his defense counsel's assertion about F's statement of the police defendant and his defense counsel asserted that the victim impliedly consented to the above acts of the defendant, but in light of the circumstances leading up to the visitation and the situation and attitude of the victim at the time of committing the crime, it is difficult to view that the victim implicitly consented to the act of the defendant, such as the statement in the judgment, and the above argument

1. Article 298 of the Criminal Code applicable to criminal facts and Article 298 of the choice of punishment (the choice of fine, the victim and the victim have not yet been agreed upon, and the mental impulse of the victim caused by the crime of this case has not been significant. However, the defendant committed the above crime against the victim's will by misunderstanding that the victim, who was present in the drinking place and went through the telecom, had consented to the sexual intercourse, and the victim committed the above crime against the victim's will. The victim actively refused the sexual intercourse with the defendant and then did not attempt to do so, and the victim has no further endeavored to reach an agreement after the crime, and there has been no same criminal records).

arrow