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(영문) 대전지방법원 2018.07.13 2018고합222
강간미수등
Text

A defendant shall be punished by imprisonment for not less than three years and six months.

The defendant shall be ordered to complete a sexual assault treatment program for 80 hours.

Reasons

Punishment of the crime

1. On April 22, 2018, the Defendant: (a) was able to rape the victim of the victim D (at the age of 57) in the Daejeon Tae-gu Daejeon (at the age of 57), who drinks in the singing room operated by the victim D (at the age of 57) on April 22, 2018; and (b) was able to rape the victim when all the visitors were home at around 06:20.

Accordingly, the Defendant recommended the victim to enter the room where he had been the Defendant, and “A. D. at the house”, and then cut the Handbag carried by the victim to the shoulder, and tried to have the victim go off the victim’s blick to the waiting room of the staff, and then cut off the victim’s blick, “five minutes, string off, and string off the inner blick,” and she took off the victim’s blick, and resisted the victim’s blick to flick and flick the body of the head by drinking.”

However, considering the same attitude as the injured person would respond properly to sexual intercourse by displaying the base, it was impossible for the injured person to come to sexual intercourse by getting out of the singing room.

As can be seen, the Defendant attempted to rape the victim, but did not commit such rape and did not commit an attempted crime.

2. As indicated in the above paragraph 1, the Defendant: (a) taken the handbag of the victim’s handbags containing 2,900,000 won in cash owned by the victim; and (b) taken the handbag and stolen the victim’s escape as above; and (c) took the handbag as

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with D (1, 2 times);

1. Investigation report (CCTV investigation) and investigation report (related to the disposal of damaged goods);

1. Application of Acts and subordinate statutes to photographs on damage scenes;

1. Relevant legal provisions concerning criminal facts, Articles 300, 297 of the Criminal Act (the points of attempted rape) and Article 329 of the Criminal Act (the points of attempted rape and the choice of imprisonment) of the same Act;

1. The former part of Article 37 of the Criminal Code, Article 38(1)2 of the Criminal Code, which increases concurrent crimes.

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