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(영문) 대전지방법원 2018.04.27 2018고합81
강간미수
Text

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 three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who has a hedging relationship with the victim C (V, 27 years old) and about one month.

On September 21, 2017, the Defendant drinking the victim at a restaurant near Seo-gu Daejeon, Seo-gu, Daejeon on September 21, 2017, and drinking drinking, and then drinking drinking, “I do not think that I think I do not think I do not think I think I do not think I think I think I do not live. I do not think I do not think I think I do not think I think I do not live. I do not think I do not think I do

The purport of “the victim was to move the victim to the 505 Maurel located in Daejeon Seo-gu, Daejeon.”

On September 22, 2017, at around 01:00, the Defendant: (a) placed the victim on the part of a person who was lying in a bed in a bed; and (b) placed the victim on the part of the victim; and (c) then the victim refuses to do so.

Inasmuch as the Defendant’s body was unable to divide the victim into the body even though the Defendant was pushed down and left at the port, the chest was cut down, and the Defendant tried to continuously am off and panty of the victim, and put the sexual flag into the sound, but the victim did not reach the insertion by reporting in the sound and 112.

As can be seen, the Defendant attempted to rape the victim, but did not commit an attempted crime against the victim’s resistance.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. The application of the reply to a request for appraisal, and the provisions of the attached Table to the report case;

1. Articles 300 and 297 of the Criminal Act concerning the facts constituting the crime;

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1. Article 62 (1) of the Criminal Act on the suspended execution (Article 62 (1) of the Criminal Act on the following grounds for sentencing);

1. The main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Attend;

1. Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from an order to disclose or notify information, the proviso to Article 49(1) and the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse (a) is deemed to have committed any sexual crime as indicated by the Defendant, but the same offense is committed against the Defendant, along with the background of the crime and the circumstances before and after the crime.

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