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(영문) 대구지방법원 상주지원 2014.09.18 2014고합26
강간미수등
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. On December 2013, 2013, the Defendant committed an indecent act by compulsion by force against the victim, who had been living in C at around 24:00, when the victim D (Woo, 52 years of age) went to customers and went to the victim at the “E” restaurant operated by the victim D (Woo). As such, the Defendant committed an indecent act by force against the victim by forcing the victim to be able to commit indecent act by compulsion by compulsion, with the victim’s chests, bat, and tacks.

2. Attempted rape;

A. On April 24, 2014, around 24:00, the Defendant: (a) went to a customer at a place prescribed in paragraph (1); and (b) tried to commit rape with the victim’s will and panty by forcing rape; (c) however, the victim was asked to leave the body of the Defendant’s head knife; and (d) attempted to commit an attempted rape.

B. On June 10, 2014, at around 00:05, at the place of Paragraph 1, the Defendant: (a) committed an attempted rape against the victim, such as: (b) the victim’s mind that he would rape the victim; (c) the victim’s speech that “the victim would be frighter”; and (d) the victim’s face, she forced off panty and panty panty, fright out, sound, and resisting the victim’s face; (d) the Defendant tried to commit rape by putting both arms against the victim’s body; (c) the victim opened the Defendant’s body; and (d) the victim committed an attempted rape, she blicked and sound, etc.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. Application of each statute on photographs;

1. Relevant Articles 300 and 297 of the Criminal Act and Article 298 of the Criminal Act concerning criminal facts and the choice of punishment;

1. Voluntary mitigation of crimes under Articles 25(2) and 55(1)3 of the Criminal Act (with respect to attempted rape)

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (a) (a) of the same Act among concurrent crimes (a) shall be deemed as concurrent crimes with the punishment determined for attempted rape as stated in the preceding part of Article 2-1 of the same Act;

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. The punishment of sexual assault crimes committed to attend lectures;

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