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(영문) 대전지방법원 천안지원 2019.07.10 2019고합76
강간치상
Text

A defendant shall be punished by imprisonment for not less than two years and six months.

However, the execution of the above punishment shall be suspended for four years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

At around 01:30 on December 13, 2018, the Defendant: (a) asked the victim (e.g., 31 years of age) to lend a set of tobacco and a set of tobacco, and (b) the victim (e.g., the victim), who was the owner of the tobacco, was taking a password from the joint signature of the above apartment CD, in order to avoid tobacco from the side of the Defendant and enter the house.

At this time, the Defendant: (a) was able to rape the victim; and (b) the victim, who was able to knife the victim by driving away from the victim’s hand, resisted the victim, and resisting the victim’s body, but the Defendant was unable to resist by saving the victim’s body in his arms; (c) led the victim to the passage of the disabled in the common sense of view, leading the victim to the passage of the disabled; and (d) went beyond the ground

Therefore, the defendant, in one hand, tried to see the victim's sound, has a single knife the victim's chest, let the other knife the victim's chest, let the victim knife the other knife with one hand, let the victim knife the victim's knife, let the other knife into the victim's knife and panty knife into the knife, and tried to get out of the knife of the victim's knife, but the defective knife "one defect" was knife the victim's knife, and the victim escaped from the scene.

As a result, the defendant tried to rape the victim, but did not go through the victim's base and did not go to the attempted crime. In the process, the victim suffered injury, such as the first balance of the right side, which requires treatment for about three weeks.

Summary of Evidence

1. Partial statement of the defendant;

1. Each police statement of the victim;

1. A medical certificate;

1. Application of CCTV CDs and field photographs-related Acts and subordinate statutes;

1. Relevant Article of the Criminal Act and Articles 301, 300, and 297 of the Criminal Act concerning criminal facts and the choice of limited imprisonment;

1. Article 53 of the Criminal Act for discretionary mitigation.

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