(영문) 서울북부지방법원 2020.06.05 2020고합80

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(영문) 서울북부지방법원 2020.06.05 2020고합80

강간미수

Text

A defendant shall be punished by imprisonment for not less than two years and six months.

except that the execution of the above sentence shall be suspended for four years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

On March 8, 2020, at around 02:37, the Defendant, as a victim D (n, 33 years of age) who had been drinking beer and a Russc dialogue, had been frightened before Cranc in Seoul, Jung-gu, Seoul, 2020. On the same day, at around 02:49, the Defendant, as the proposal of the Defendant, performed the alcohol with the Defendant’s house located in Seoul, Jung-gu E.

At around 06:00 on the same day, the Defendant used the victim to return from his house to his house, and she saw the victim from the back of his house to the back of the Defendant’s house, and opened the door to lock up, and pushed off the victim with the door door.

Therefore, when the victim speaks that "I am you want to do so", the defendant tried to engage in a sexual intercourse with the victim while she stated "I am," the victim refused to do so, which prevents the victim from resisting the victim's knife with his knife with his knife with his knife with his knife with his knife with his knife with his knife with his knife with his knife toward the wall, and then the victim tried to engage in sexual intercourse with his knife with his knife with his knife with his knife with his knife with his knife with his knife with his knife.

However, the victim's words "the defect that the driver wants so that it can stop," thereby hiding the victim's behavior into toilets, and continuously opening the door door of the defendant's house, and the victim attempted to flee between the door of the defendant and the wind.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to D or F;

1. In the case of each investigation report, each suspect's residence photographs at the scene of the crime, and 10 evidence list Nos. 10 of the evidence list at the scene of the occurrence of the investigation report, "as to CCTV at the site of the issuance of investigation report" seems to be a clerical error

With respect to CCTV,

유사 판례

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-서울북부지방법원 2013.12.20 2013고합286

-창원지방법원 거창지원 2020.01.16 2019고합22