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(영문) 광주지방법원 2018.02.21 2017고합454
강간미수
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On April 28, 2017, around 03:04, at the main point of "D" located in Gwangju Northern-gu C, the Defendant discussed the Defendant's daily behaviors and alcohol, and had his face and hand in the above main toilets, and had the victim E (name), who entered a female toilet in the above main toilets, was able to commit rape.

The defendant, according to the victim, entered a female toilet, sent several toilets where the victim reported the change, and the victim, who was aware of the defendant as another female guest, was sent to the defendant, shall enter the toilet door into the toilet for the victim, and shall love the victim.

Love.

The phrase "", the victim's chest is bleeped with the victim's her breast at his clothes, and the victim resisted against the victim's resistance due to the victim's "not brea" and resistance, the victim's fingers at the same time, and the defendant forced the victim to her fingers into the victim's neck, and the defendant attempted to have sexual intercourse with the victim by leaving his her fingers continuously against the victim's neck, but the victim tried to have sexual intercourse with the victim due to continuous resistance, but the victim did not go against the victim's buck, but did not go out of the toilet.

Accordingly, the defendant attempted to rape the victim.

Summary of Evidence

1. Legal statement of witness E;

1. Statement made by the police with respect to F;

1. CCTV of the first floor located in D main points;

1. 112 Application of Acts and subordinate statutes to the details of handling reported cases;

1. Articles 300 and 297 of the Criminal Act concerning the facts constituting the crime;

1. Mitigation of attempted punishment: Articles 25(2) and 55(1)3 of the Criminal Act;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Attend;

1. The Defendant was admitted due to the disclosure order and notification order, as well as the fact that the Defendant had no record of sexual assault crimes, pursuant to the proviso of Article 49(1) and the proviso of Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse.

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