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(영문) 대전지방법원 2014.01.24 2013고합466
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. On July 14, 2013, the Defendant attempted rape. On July 14, 2013, the Defendant sent the victim C (the age of 28) with people who met or come to know at the Internet c clubs at the opening of the club, drinking alcohol, and drinking time. Among them, the Defendant told the victim C (the age of 28) that “at the time of the operation of the club, if there is a joint interview with the doer until the start of the steering film, and there is a change in the conversation.” The victim went back to the beer, kis and kis on the side of the victim who wants to do diving, and asked the victim that “after the victim refused it,” the victim was asked that the victim “I am fright,” and that the victim was seated within the beer, she was unable to reflect the body of the victim and forced the victim to have sexual intercourse with the victim’s body, and the victim was out of knee by kneing the victim’s kne.

2. In the attempted rape of the victim as stipulated in paragraph 1, the injured Defendant: (a) stated that “I have ever entered the telecom; (b) I have been granted her felced; (c) 21,000 won; (d) the victim was removed from the telecom; and (b) prevented the victim from getting off 21,00 won; (c) the victim’s arms; and (d) caused the victim’s injury to the victim, by taking off her hand over her part of the shoulder part requiring treatment for about two weeks; and (d) thereby preventing the victim from getting off her arms.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to C by the police statement;

1. Each image of eight copies of a victim's photograph;

1. Application of Acts and subordinate statutes to entries in a written injury diagnosis;

1. Relevant Article of the Criminal Act, Articles 300 and 297 of the Criminal Act, and Article 257 (1) of the Criminal Act (the point of injury and the choice of imprisonment);

1. Attempted mitigation;

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