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(영문) 광주지방법원 목포지원 2015.01.15 2014고합86
강간미수
Text

A defendant shall be punished by imprisonment for two years.

The defendant shall be ordered to complete 80 hours of sexual assault treatment programs.

Reasons

Punishment of the crime

On April 2013, the Defendant came to know the victim E (the age of 58) who works for the same construction site work at the construction site at the construction site at the construction site of wooden-si D Apartment-si, and sent to the victim contact with the victim by introducing a job after the completion of the construction site.

1. On June 23, 2013, the Defendant was committing a sexual intercourse with the victim while drinking alcohol with the victim at the Gel number protection room located in the Gel number f at Mapo-si on June 23, 2013, around 14:00, the Defendant attempted to have the victim engage in sexual intercourse with the victim’s body by suppressing resistance against the victim’s body so that the victim may not move away from his/her body. However, the Defendant failed to achieve that intent with the wind of the victim’s body putting his/her body fright and resisting the victim.

Accordingly, the defendant attempted to rape the victim.

2. On July 20, 2013, the Defendant committed the crime: (a) around 18:54 on July 20, 2013, the Defendant went to 306 the victim’s bank by cutting off the victim’s bank, even if the victim refuses to enter the her mother in front of the I motherel located in Hapo-si.

The Defendant tried to have sexual intercourse with the victim, who had the victim entering the telecom to find his body, by putting the victim out of the floor of the room, and trying to have sexual intercourse with the victim's clothes, but the victim resisted his body. However, even though the victim continued to have sexual intercourse with the victim, etc. following him by leading the victim to his bath, the victim did not reach the wind that the victim resists and resists his body.

Accordingly, the defendant attempted to rape the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. Not only is the consistent and concrete contents of the witness E’s legal statement, but also there is no inconsistency with other evidence, such as the J’s statement that the defendant contacted at the time of the second crime, and the text between the defendant and the victim, and the above statement will be opened differently in light of the balance between the defendant and the victim.

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