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(영문) 서울북부지방법원 2016.03.25 2015고합412
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant, around 01:00 on August 6, 2015, drinked with the victim E (one, two, and thirty) who had come to know in Seongbuk-gu Seoul, Seongbuk-gu, Seoul, with his own name and play together, and would pay additional expenses to the victim, and further drinked with other places.

No. 30

The Defendant, from around 04:00 on the same day, proposed that the Defendant drinks alcohol with the victim in a nearby net state boomed with the victim, and then that the victim of the vehicle would be “one more string of time,” and that he drinks alcohol by the time until 05:00 on the same day after moving the alcohol to the boom with the victim.

The defendant reported that the victim spawned, and thought that he had a sexual intercourse with the female.

On August 6, 2015, the Defendant: (a) around 05:20 on August 6, 2015, Gabel 302 located in Dongdaemun-gu Seoul, Dongdaemun-gu Seoul, on a booming ground; (b) on a female’s chest, the Defendant was lying the victim into a bed with the victim’s face with a single hand.

Then, the Defendant, by putting the victim’s shoulder at one hand, has prevented the victim’s resistance, and attempted to commit rape with the victim’s kis, and tried to get out of the victim’s kis, but she had attempted to commit rape with the victim’s kis, with sound and escape.

Summary of Evidence

1. Statement by the defendant in court;

1. Entry of the statement protocol made by the prosecution against E;

1. Investigative report (the victim's body shooting, the attachment of a detailed statement to process the case reported in 112, CCTV investigation, the analysis of suspect mobile phone calls, telephone conversations with police officers dispatched at the time of committing the crime, telephone conversations with employees at the place of committing the crime, and the statement of a reply to a request for appraisal;

1. Application of each of the visual Acts and subordinate statutes to each photographic and field photograph;

1. Articles 300 and 297 of the Criminal Act concerning the facts constituting the crime;

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1.Article 62(1) of the Criminal Code of the Suspension of Execution (hereinafter referred to as the following):

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