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(영문) 전주지방법원 2015.04.16 2014고합316
강간미수
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

On August 23, 2014, the Defendant: (a) had a construction-related workplace near the residence of the victim C (Y, 35 years of age) and became aware of the victim. On August 23, 2014, the Defendant discovered the victim who works as a mixed in E “E” located in North Korea D prior to the P.M.; (b) proposed that the victim would be able to engage in the work of the victim; and (c) the victim refused this as the husband’s non-affiliated relationship; (d) the husband refused it, but the victim did not have the strong power of the Defendant; and (e) responded with the Defendant

On August 23, 2014, at around 20:00, the Defendant tried to place the victim's door on the body of the victim located in the Jeonbukbuk F, and leave the fact that the husband of the victim did not have the her house. The Defendant, "on the part of the victim, at other people, can drink in the house because it is doubtful", "on the part of the victim's house to prevent the inside of the victim from entering the place of residence." At the same time, the Defendant opened the living room for the victim so that the victim cannot see the inside of the house, and met the buckbuck of the victim in the course of drinking the beer, and down the victim's door on the floor, put the victim's shoulder on the upper part of the victim's body, cut off the victim's door, cut down the victim's door on the part of the victim's hand, and stop the victim from having his arms up to the lower part of the victim's bridge, not the victim's bridge."

Accordingly, the Defendant committed an indecent act on the part of the victim.

Summary of Evidence

1. The defendant's partial statement in the first protocol of trial;

1. The part concerning the defendant's statement C among the prosecutor's interrogation protocol of the defendant

1. The police statement of the victim C;

1. Report on investigation (related to attachment of photographs, such as the body, hand, etc. of the victim), application of Acts and subordinate statutes to report on investigation (related to field confirmation);

1. Criminal facts;

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