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(영문) 대전지방법원 2019.03.29 2018고합485
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Around 12:00 on July 24, 2018, the Defendant entering the residence came to the residence of the victim C (one’s name, two’s age, and thirty-one’s age) who was sexually female friendly in Daejeon Seo-gu B, and used any cret in the house, and entered the entrance by using the cret of the house in a way that the number of the entrance shots was kept in a small number of times, and intrudes on the victim’s residence.

2. At around 15:10 on the same day, the Defendant attempted to be out of the victim’s part, i.e., the victim, who returned to the house, had the victim enter his own room in order to give clothes between him and her, had the victim go beyond the floor, had her own resistance against the other victim on the part of the victim, and had the victim forced her resistance on the part of the victim, and had the victim forced her to rape. However, the Defendant did not come out of the victim’s part of the victim’s part.

Accordingly, the defendant tried to rape the victim, but attempted to commit it.

3. At around 15:20 on the same day, the Defendant: (a) took a knife knife (19.5 cm length, 33 cm in total length) which is a dangerous object in the instant case, and (b) took a knife (31 knife) from the stairs outside the said victim C’s telephone contact; (c) did not comply with the Defendant’s demand to leave the said victim; and (d) took a dangerous object outside the said house, which was a knife and outside the house, and threatened the victims by committing an act with a knife as the knife.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to C (alias) and D;

1. Police seizure records;

1. 112 reported case handling table;

1. Application of the Act and subordinate statutes to on-site and seized photographs, text messages closures;

1. Article 319(1) of the Criminal Act applicable to the facts constituting an offense (the points of intrusion upon residence), Articles 300 and 297 of the Criminal Act, and Articles 284 and 283(1) of the Criminal Act (the points of special intimidation);

1.Article 40 of the Criminal Code of Trade and Trade.

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