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(영문) 수원지방법원 2018.09.20 2018고합239
강간미수
Text

A defendant shall be punished by imprisonment for two years.

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

Reasons

Punishment of the crime

1. On August 2016, the Defendant: (a) opened a door to the rear seat of the victim; (b) opened a door to the back seat of the victim; (c) boomed the victim’s body with two descendants; (d) boomed the victim’s resistance; and (d) boomed the victim’s chest into the victim’s body; and (c) boomed the victim’s chest into the victim’s chest; and (d) boomed the victim’s chest into the victim’s chest; and (d) boomed the victim’s chest with the victim’s chest, she tried to have sexual intercourse with the victim’s chest; (d) tried to have sexual intercourse within a narrow vehicle; (e) the victim resisted against the victim’s body.

2. On December 23, 2017, the Defendant: (a) around 13:30 on 13:30, and around the dormitory room of the company of the said victim (33 years), followed the victim entering the room, obstructed the victim from his/her hand to his/her hands; (b) obstructed the victim from his/her body; (c) obstructed the victim’s resistance; and (d) sealed the victim’s hand against the victim; and (c) laid off the victim’s back the victim’s body; and (d) sealed the victim’s back to his/her drinking part; (d) attempted to have sexual intercourse with the victim, but the victim resisted the victim against his/her will and attempted to commit a crime.

Summary of Evidence

1. Statement by the defendant in court;

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

1. A protocol of seizure and a list of seizure;

1. Voluntary report on the occurrence of the case, notification to the department related to the report of the case 112 case, investigation report (in the event of a statement investigation, emergency set), investigation report (in the event of an appraisal report), investigation report (in the case of an appraisal report), and statement

1. Application of statutes, such as site photographs;

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

1. The aggravated punishment for concurrent crimes under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act (the aggravated punishment for concurrent crimes prescribed for the attempts to rape on December 23, 2017, heavier than the aggravated punishment);

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances that are favorable to the statement in the grounds for sentencing);

1. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. Order to attend a lecture and order to attend a lecture;

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