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(영문) 대구지방법원 2015.04.17 2015고합58
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

On December 14, 2014, the Defendant, at a main point where it is impossible to know the trade name in Pyeongtaek-dong, Daegu North Korea-gu, Daegu-gu, for the Defendant, tried to drink with the victim C (n, 38 years of age) by drinking or drinking together with drinking, and tried to rape the victim while getting on a taxi and moving to the place where the victim’s house is located.

At around 07:40 on the same day, the Defendant entered the place of the victim's home located in Daegu Northern-dong, but the victim first asked the defendant to become aware of his home, and the victim demanded that the defendant return to his house at the location of the same Gu DB-dong parking lot.

The defendant, upon the above request of the victim, neglected this, and led the victim to forced him to the above parking lot.

On the floor of the parking lot, the Defendant continued to stand the victim, lying the victim on the floor of the parking lot, and putting the victim on the victim, and easily killed the victim, “I am off one another or twice, and I am off. I am a good horse, I am off the victim’s seat.”

However, the victim got the defendant "I am at our house, I am at our house," and asked the defendant to assist the person of the construction site where the victim had gone out of the above parking lot that occurred from the above floor, and the nearby construction site where he had gone away.

As a result, the defendant tried to rape the victim, but the victim did not have the intent to escape from the wind.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of the police protocol law to C

1. Articles 300 and 297 of the Criminal Act applicable to the crimes;

1. Provisions of Articles 25 (2) and 55 (1) 3 of the Criminal Act, which are statutory mitigation (Attempted Disability);

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. The punishment, etc. of sexual assault crimes committed to attend lectures;

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