(영문) 대구지방법원 2020.05.22 2020고합74

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(영문) 대구지방법원 2020.05.22 2020고합74

강간미수등

Text

Defendant shall be punished by imprisonment for a term of 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

Criminal facts

On October 29, 2019, at around 02:05, the Defendant tried to divide the conversations between the victim D (name, leisure, age 19) and the victim D (age 19) in the C club located in Seocho-gu Seoul Metropolitan Government, and moved the victim out of the club.

At around 02:09 on the same day, the Defendant: (a) was able to take the victim with an emergency stairs of the first floor; (b) went off with the victim’s body and her body with both arms; (c) was frightened with the victim’s bridge; and (d) was frightened to the Defendant by taking the victim’s bridge with both hands; and (d) was attempted to commit rape after getting off the victim’s lower part of the victim’s body and preventing the victim from resisting the victim, but the intent was not achieved at the victim’s resistance; (d) again, the Defendant was unable to set up an emergency stairs door to the victim’s body and cut off the victim with hand; and (e) tried to stop the victim from leaving the victim’s body until 0 days after leaving the floor, and tried to leave the victim’s body and stop sailing the victim’s body: (e) tried to leave the victim’s body; and (e) tried to come out of the victim’s body, etc.; and (e) tried to stop the victim from the victim’s body.

Accordingly, the defendant tried to commit rape at the same time with the confinement of the victim, but did not bring about a crime due to the resistance of the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made by the police in relation to D;

1. Application of Acts and subordinate statutes to each CCTV image closure photograph (Evidence Nos. 9, 13)

1. Articles 300, 297, and 276 (1) of the Criminal Act applicable to the crime;

1. Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (the punishment imposed on any crime of attempted rape heavier than the punishment);

1. Article 25 (2) and Article 55 (1) 3 of the Criminal Act for mitigation of attempted crimes;

1. The sentencing under Article 62(1) of the Criminal Act is as follows.

참조조문

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