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(영문) 대구지방법원 서부지원 2015.09.10 2015고합70
강간미수
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

The defendant was a person who was a victim C (n, 30 years of age) who was a North Korean defectors, and a person who was at work.

At around 21:30 on February 11, 2014, the Defendant, along with the victim, she saw the victim into a singing room after drinking alcohol, and tried to commit rape with the victim on the “EVD room” located in Seogu-gu-gu-gu-ro D, and then, on 9 occasions, the victim was sing the victim into the bees in the said room, sing the victim’s body, sing the victim into the bees, pressing the victim’s body, suppressing the victim’s resistance on the part of the said room, and forced the victim into a knife, knife, knife the chest into the knife, and tried to commit rape. However, the victim failed to commit so with the wind and attempted to escape.

Summary of Evidence

1. Partial statement of the defendant;

1. C’s legal statement;

1. Application of Acts and subordinate statutes to an investigation intelligence report, internal investigation report (Attachment of the contents of sending and receiving text messages), and each investigation report (the F Call Statement Report stating the place of crime and the fact of damage);

1. The Defendant and the defense counsel under Articles 300 and 297 of the Criminal Code of the relevant criminal facts alleged that the Defendant was guilty of the instant facts charged, on the date and time limit set forth in the instant facts charged, although the Defendant had sent the victim’s chest at the DVD room, there was no attempt to rape the victim at that place. However, in full view of the following circumstances acknowledged by the evidence duly adopted and investigated by the court, the Defendant can be found guilty of the instant facts charged on the ground that the victim’s statement corresponding to the instant facts charged was sufficiently reliable. ① The victim, from the investigation agency to the instant court, refused several times by the Defendant, but did not refuse on the day of the instant crime, was boomed, followed by the Defendant’s singing, followed the victim to DVD while going into a singing, and the victim got the Defendant to go into DV, and the victim got the Defendant to talk.

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