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(영문) 인천지방법원 2016.05.04 2016고합176
강간미수등
Text

A defendant shall be punished by imprisonment for three years.

However, the execution of the above sentence shall be suspended for a period of five years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant was in the relationship between October 2015 and January 26, 2016 with the victim C (n, 42 years of age).

1. The Defendant, at around 03:50 on January 31, 2016, at the victim’s house located in Bupyeong-gu, Incheon, Bupyeong-gu D, and heading, said that the victim and the victim who was at horse fighting would return to the house without being subject to the Defendant’s intention and return to the house, was placed on the victim’s body, and was placed on the victim’s body.

Tr. The term “salked and killed” refers to “the saluted person who died and died,” and the victim saluteds resistance by assaulting the victim’s neck, cutting off his clothes, coercioning him by force, and committing rape by inserting the victim’s chest into the part of the victim’s sound, but the victim attempted to commit rape by quickly inserting the victim’s chest and placing the Defendant’s sexual organ into the part of the victim’s sound, but the victim did not have been saluted, and the escape with the toilet was not achieved by the wind.

2. On March 13, 2016, at around 06:00, the Defendant damaged property by tearing the shock net equivalent to KRW 50,00,00 at the market price attached to the window where the window was installed by hand, as the victim was not opened and opened the door.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against the victim C;

1. Each investigation report (to photograph and investigate damage situations, to take photographs of victim parts, and to make telephone records);

1. Report on internal investigation (case on suspect's main wall and tendency to commit crime);

1. 112 Declarations;

1. The application of Acts and subordinate statutes to a response to a request for appraisal;

1. Relevant legal provisions of the Criminal Act and Articles 300, 297, and 366 of the Criminal Act (the point of attempted rape) concerning the facts constituting an offense;

1. Aggravation of concurrent crimes as provided for in the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act [to the extent that the punishment is aggregated with the long-term punishment of two crimes];

1. Article 62(1) of the Criminal Act (The following circumstances are considered in favor of the reasons for sentencing).

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