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(영문) 의정부지방법원 2018.11.09 2018고합239
준강간미수
Text

The defendant is innocent. The summary of this judgment shall be notified publicly.

Reasons

1. On March 3, 2018, the Defendant: (a) drinked alcoholic beverage with C and the victim D (the age of 50) who is his or her wife at the house room at the Dong D, which is located in Gyeonggi-si B; and (b) attempted to rape the victim who was sericultural with C, after drinking alcohol.

Accordingly, the Defendant continued to allow the victim to drink and tried to be able to be exempted from the clothes of the victim in a state where the victim was unable to resist, under the influence of alcohol, and inserting the Defendant’s sexual organ into the sexual organ of the victim. However, the Defendant attempted to take the Defendant’s sexual organ into the wind coming from diving to the ward.

2. Determination

A. There are evidence, victims, and C’s respective police and prosecutorial statements that seem to correspond to the facts charged in the instant case.

B. Determination

A. The following facts are acknowledged according to the evidence duly adopted and examined by the court.

1) From March 2, 2018, the victim 1: C, the Defendant, and the Defendant drinking alcohol, enter the inside room with C, and she spawn, and she spawn on March 3, 2018, and she spawn together with the Defendant, and she spawn in the inside room after she spawn, and she spawn she spawn (2 side of the record of the examination of the witness to C, and 7 side of the record of the examination of the victim). The victim and the Defendant dpawn spawn with each other while drinking alcohol (7 side of the record of the examination of the witness to the victim). When the victim spawned with voice while drinking alcohol, the Defendant spawn spawn.

C) The victim, the defendant, and the investigative agency and the court, cannot memory the situation that is later.

C, at home and home, “At home and abroad”

“Along with the time when the Defendant committed a noise, memory was recorded” (three pages of the record of the witness examination of the victim, 17, 39, 57, 58 pages 4). When C coming to the inside, the Defendant was off, knee, kne, kneel, kne, of the victim.

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