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(영문) 의정부지방법원 2014.10.22 2014고합155
준강간미수등
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

1. Around 05:00 on October 10, 2013, the Defendant, who had attempted quasi-rape, had the victim H (here, 26 years of age) employed in the “G Press” vehicle operated by himself/herself, and had the victim h (here, 26 years of age), who had been under the influence of alcohol and had sexual intercourse with the victim.

On October 10, 2013, at around 05:30 on October 10, 2013, the Defendant parked the said Lone Star vehicle in the vicinity of the victim's house located I, and was exempted from the clothes of the victim under influence of alcohol from the back seat of the vehicle, and tried to have sexual intercourse with the victim by taking advantage of the victim's state of avoiding the victim's body's ability to resist, but was discovered to the male-child seat of the victim.

2. Although a person who intends to conduct fee-charging job placement services in violation of the Employment Security Act is registered with the competent authority having jurisdiction over the location of the principal place of business, the Defendant did not register with the competent authority and received a request from the business owner of the Gu-Si Labor Bank to send female employees to contact customers on October 21, 2013, the Defendant introduced H, a female employee of the Gu-Si Labor Bank, to the said business owner, and received 5,000 won in return, and conducted fee-charging job placement services.

Summary of Evidence

1. The defendant's partial statement (the fact that only the window of the vehicle as indicated in the judgment of the male-parent body of the victim is posted while intending to teach the victim with sexual intercourse at the time, time, and place of the board) is posted;

1. Partial entry of the suspect interrogation protocol of the defendant by the prosecution;

1. Statement by the prosecution concerning H and L;

1. Two copies of the investigation report (No. 16 No. 16 of the evidence list), recording paper;

1. According to the report, etc. on the occurrence of a traffic accident, the investigation report (Evidence No. 9) and attached photographs, the request for the provision of communication data and the response details, and the evidence revealed prior to the victim's mobile phone text, the victim is acknowledged as being under the influence of alcohol at the time of the instant case, and the fact that the victim was diving when the Defendant intends to have sexual intercourse with the victim.

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