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A defendant shall be punished by imprisonment for not more than ten months.
However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
For about four years, the Defendant she was the victim B (n, 34 years of age) and she was the victim B on August 2, 2017.
1. On September 7, 2015, the Defendant attempted to rape in the DNA hostel in Daegu-gu, Daegu-gu, about 23:00, and was refused to engage in sexual intercourse with the victim, and subsequently was able to rape the victim.
The Defendant forced the victim to wear the shoulder of the victim on the right lying the victim on the right lying the victim on the right lying, putting the victim on the knife's hand, kid by the knife of the victim from leaving the victim's knife, and forced the victim's knife, but forced the victim's knife to get off the knife.
Although the Defendant continued to rape the victim by suppressing the victim’s resistance by standing the victim’s timber and preventing the victim from suffering by another hand, the Defendant attempted to commit rape. However, the Defendant did not commit an attempted crime with the wind that the victim gets sound, and continued to resist and resist.
2. On October 7, 2015, the injured Defendant suffered injury to the victim’s knee, knee, on the ground that the victim did not answer his/her horse, on the ground that the victim did not answer his/her horse, and on his/her hand, suffered injury on the right side, knee, knee, and knee, on the left side of the right side where treatment between about 10 days is required for treatment, and on the left side knee, knee, and knee on the left side.
Summary of Evidence
1. Partial statement of the defendant;
1. Legal statement of the witness B;
1. A protocol concerning the examination of partially the accused by the prosecution;
1. Statement made by the prosecutor with respect to B;
1. Correspondence or text message;
1. Application of Acts and subordinate statutes of the injury diagnosis certificate;
1. Relevant legal provisions concerning facts constituting an offense, Articles 300, 297 of the Criminal Act (the points of attempted rape) and Article 257 (1) of the Criminal Act (the point of injury and the choice of imprisonment with labor);
1. Reduction of an attempted punishment: Article 25(2) and Article 55(1)3 of the Criminal Act (limited to an attempted rape);
1. The former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act (the punishment shall be imposed on the attempts to commit more severe rape) shall be sentenced to the maximum term of the above two crimes.