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(영문) 의정부지방법원 2015.02.12 2014고합310
강간미수등
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

Criminal facts

1. At around 01:00 on February 18, 2014, the Defendant: (a) reported that, while drinking alcohol together with the Defendant’s house C Apartment 1703 Dong 407, Dobong-gu Seoul Metropolitan Government C Apartment 1703 Dong 407, and drinking alcohol with the victim D (the victim D, 50 years of age), the Defendant tried to rape the victim, by failing to take the victim’s room against another male talking with the other male; (b) reported that the victim was able to take rape; (c) taken the victim on his hand; (d) taken the victim’s body on his part; and (d) put the victim on his part; and (e) took the victim’s head on his part; and (e) took the victim’s head on several occasions; and (e) took the victim’s resistance; and (e) attempted to take rape from the toilet; (e) the victim took the victim’s escape from the toilet.

2. On March 4, 2014, the Defendant: (a) committed indecent act by compulsion on the part of the victim on the street in front of the “F cafeteria” located in Ma, a Government-Si, for the reason that the victim was the victim of the Defendant, and (b) committed indecent act by compulsion of the victim by putting the victim’s negative part on his hand.

3. When the victim resisted the above indecent act of the Defendant at the time and place in the same manner as paragraph 2, the Defendant assaulted the victim by taking the victim’s hand alone one time.

Summary of Evidence

1. Partial statement of the defendant;

1. The witness D's legal statement (the victim's statement is relatively consistent and concretely made from the investigative agency to this court, the victim's statement conforms to the CCTV screen pictures, and the victim's statement attitude, etc. is recognized as credibility in light of the victim's statement attitude, etc.);

1. Each police statement of the victim D;

1. Photographs of each CCTV screen;

1. Application of Acts and subordinate statutes to investigation reports (field search, suspect statement, etc.);

1. Relevant legal provisions concerning criminal facts, Articles 300 and 297 of the Criminal Act concerning the choice of punishment, and Article 298 of the Criminal Act concerning indecent acts by compulsion.

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