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(영문) 의정부지방법원 2016.10.13 2016고합107
강간미수
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

The defendant shall be ordered to complete the sexual assault treatment program for 80 hours.

Reasons

Punishment of the crime

The Defendant used smartphone hosting events around September 20, 2015 at the time of the first instance on September 20, 2015.

The victim C (n, 40 years of age) who was a ship of Chinese nationality known to him was born to the defendant's vehicle at Ansan-si and the defendant's vehicle until the two weeks of age.

At around 16:00 on the same day, the Defendant got in front of the Embel located in D on the same day, the Defendant called “the victim” as “the victim was unable to drive alcohol, and talking into the Emburine in any way, and having the alcohol divided.” The Defendant turned the victim into 608 above Embur.

The defendant divided the victim into the victim and the talk within the above telecom, followed the victim by suffering from the victim, and led the victim to enjoy in the bend, so that he could not embling the victim, and the defendant would enjoy in the next part of the defendant.

However, the victim's continued refusal, and the defendant, who is sitting in a sofash, are able to take the victim's bath, be able to write the victim's hand, and be lying the victim on the bed.

The Defendant continued to engage in sexual intercourse with the victim's body, plucking, plucking, plucking, cutting the victim's hand, cutting down the victim's hand, and "many," and "many," and tried to engage in sexual intercourse with the victim after preventing the victim from resisting the victim.

Accordingly, the victim refers to that the victim is arm's length, and the defendant was absent from the bed, and the defendant was forced to sit in the sofion, and the defendant was forced to sit in the sofion, and the defendant was forced to sit in the bedle of the victim's panty by inserting the sudden hand into the bed part of the victim's panty.

As can be seen, the Defendant attempted to assault the victim, rape the victim, but the victim complained of the pain of the arms, and attempted to commit so on the wind coming from the telecom.

Summary of Evidence

1. Partial statement of the defendant;

1. C’s legal statement;

1. Statement to C by the police;

1.C’s statement;

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