(영문) 대전지방법원 2014.10.30 2014고합180

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(영문) 대전지방법원 2014.10.30 2014고합180

강간미수등

Text

A defendant shall be punished by imprisonment for one year.

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. The Defendant, at around 22:00 on May 20, 2014, committed indecent act by compulsion, the Defendant: (a) committed an indecent act by compulsion on the part of the victim, who was on the part of the victim E (the victim E (the 18-year old age), who was on the back of the school, and drinking alcohol in Daejeon-gu Daejeon; (b) but (c) the victim was frighted to the side of the victim; (d) the victim was moved to the side of the victim, and (e) the victim was fright back to the left hand, thereby committing an indecent act by force against the victim.

2. The Defendant, who attempted rape, committed an indecent act against the victim under Paragraph 1, was aware that the victim would be a dormitory after having committed an indecent act against the victim, and was killed in the chief of a passenger car operated by the Defendant.

Since then, while driving a residence of the victim, the defendant reported the victim who was under the influence of alcohol, and led the victim to sexual intercourse with the victim.

On May 20, 2014, at around 23:00, the Defendant: (a) knew that the victim was a motherel parking lot in Seo-gu Daejeon, Seo-gu, Seo-gu, Daejeon, and knew that the victim was the motherel parking lot; (b) obstructed the victim from resisting by her hand with her hand after going to the body of the victim; (c) put another hand into the part of the victim’s body; and (d) tried to commit rape, but the victim failed to resist and commit an attempted rape.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement of E;

1. Application of Acts and subordinate statutes to photographs (main points and vehicles);

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. Attempted 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 (Aggravation of concurrent crimes with punishment determined for a crime of attempted rape, heavier than punishment);

1. The grounds for sentencing under Articles 53 and 55(1)3 of the Criminal Act are advantageous to discretionary mitigation.

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