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(영문) 대전지방법원 논산지원 2017.09.27 2017고합33
강간미수
Text

A defendant shall be punished by imprisonment for one year.

The defendant shall be ordered to complete the sexual assault treatment program for 40 hours.

Reasons

Punishment of the crime

At around 07:20 on April 11, 2017, the Defendant attempted to dance with the victim E (31) while drinking alcohol together with the victim’s studio at the 1st place of “D,” which he operated by the Defendant at C, around 07:20 on April 11, 2017, and the victim refused it, and the victim refused it, and attempted to have sexual intercourse with the victim by putting the victim into a sofright, putting the victim’s resistance into a sofacing, singinginging and pans, cutting off the victim into a sofacing, and attempted to have sexual intercourse, but the victim was not able to resist against the Defendant’

Accordingly, the Defendant attempted to rape the victim by assault and intimidation, but attempted to commit it.

Summary of Evidence

1. Legal statement of witness E;

1. Statement made by the prosecution against E;

1. The Defendant asserts that, among the 112 Report Processing table, internal investigation report (the initial dispatch situation), photo description, CD two CDs (CCTV image data), investigation report (to listen to the victim’s statement, etc. and the binding of the victim’s pictures), the damaged photograph and investigation report (to listen to the police counter statement) [the Defendant’s counsel has conducted physical contact with the victim at the time and time and place in the decision of the Defendant, such as pottering or spating the victim’s resistance, but the Defendant did not have sexual intercourse with the victim to exercise the force to suppress the victim’s resistance.

The direct evidence of this case is the only statement of the victim, and the victim maintains consistent statements on the essential part of the fact of damage after the prosecutor's investigation, is natural, and the attitude of attending this court and making a statement is also natural, and in particular, it is difficult to recognize the credibility of the statement, considering the following.

① The victim, at the right time on the day of the instant case, exchanged with the Defendant who was on a flat face with the opportunity to communicate with the victim. At the right time of the 4th century, the victim took a cab from Daejeon to Seosan, and took a 3-hour drinking together with the Defendant, and divided a minor skin.

In such circumstances, the damaged person.

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