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(영문) 서울남부지방법원 2019.10.01 2019고합302
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 three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a student who attends the department of medical administration at a university, such as the victim B (n, 22 years of age).

The Defendant was receiving practical training at the D Hospital located in Yeongdeungpo-gu Seoul Metropolitan Government, and resided in the 3rd floor of the Yeongdeungpo-gu Seoul Metropolitan Government E Studio Building in the vicinity of the hospital, and the victim who immediately sought a studio was living in the 2nd floor of the above studio building.

On July 25, 2019, the Defendant, like the victim and the same university trainees, drinking alcoholic beverages together with the victim, was drinking on the way to return to the said studio building. On the same day, around 22:35 on the same day, the victim entered the 2nd floor room of the victim, stating that “The victim sent clothes outside the studio of the 2nd floor room of the victim,” and followed the victim into the studio of the victim.

The Defendant, in his studio, was placed on the part of the victim with a mind to rape the victim, placed on the part of the victim's arms in the bend, placed on the bend, and brought off the victim's body with the body of the defendant, she takes the body of the victim, she takes the body of the victim, she takes the chest of the victim's chest, and she goes off with the victim's chest.

Therefore, the defendant, who is about to flee out of the room, tried to rape the victim by taking the victim's head debt with his/her hand and taking the victim's head debt into consideration several times, but the victim continued to resist, and the escape out of the room did not lead to the wind.

Accordingly, the defendant attempted to rape the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. Each police statement concerning B;

1. Each statement of B and F;

1. Details of 112 declarations and investigation reports ( telephone conversations for reference);

1. Application of Acts and subordinate statutes to field photographs, photographs of damaged parts, and photographs of damaged parts;

1. Articles 300 and 297 of the Criminal Act applicable to the crimes;

1. Statutory mitigation under Articles 25 (2) and 55 (1) 3 of the Criminal Act;

1. Article 62 of the Criminal Act:

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