(영문) 대전지방법원 2018.04.26 2017고합319

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Reasons

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글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 대전지방법원 2018.04.26 2017고합319

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 40 hours.

Reasons

Punishment of the crime

At around 08:00 on May 9, 2017, the Defendant came to know with the introduction of the Victim C (24) and the branch.

On May 9, 2017, between 14:00 and 15:40, the Defendant: (a) at the Defendant’s house located in Seo-gu, Daejeon, Seo-gu, Daejeon, Seo-gu, D 405; (b) placed her hand in the clothes of the victim who was divingd, her hand, her hand, and met her hand into panty; (c) opened the victim’s panty; (d) her part was frighted by the victim; and (e) her frighted the Defendant by shouldering the her lock.

The Defendant called the victim that he will return to the house “I will not leave the house again,” and the victim is placed on the side of the victim again from the bed, and after the victim took the body of the victim, the victim gets a part of the victim, put the victim’s chest into the clothes, and her chests the victim’s chest and panty.

Accordingly, the Defendant, who suffered from the victim’s being sleeped with the victim’s sleeping, laid down his arms on the victim’s bed, laid the victim’s bed on the bed, and tried to get out of the victim’s bed, “I want to get out of the victim’s bed, arc, arc, and arc; and

In other words, the victim tried to rape by compulsorily cutting off the victim's panty and inserting panty and inserting panty in order to do so even if she refuses to do so, but the victim failed to do so and attempted to do so.

Summary of Evidence

1. Partial statement of the defendant;

1. Each police statement protocol against C and E;

1. Investigation report (an attempted crime, etc. between demotion);

1. Determination on the F dialogue between the victim and the reference witness, the telephone call between the victim and the reference witness, and the telephone call between the suspect and reference witness, as well as his/her defense counsel’s assertion

1. The summary of the argument is that the defendant tried to rape the victim, and the defendant tried to use the victim's clothes in his/her body and rhym or off the victim's body. However, there is no fact that the defendant meets the victim's chest and fry.

2. The determination victim shall be two times.

유사 판례

-대전지방법원 공주지원 2014.12.24 2014고합30

-전주지방법원 군산지원 2016.08.11 2016고합65

-수원지방법원 평택지원 2013.12.11 2013고합99

-대전지방법원 천안지원 2017.06.28 2016고합196

-광주지방법원 2015.12.09 2015고합395