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(영문) 대구지방법원 경주지원 2016.08.26 2016고합5
강간미수등
Text

A defendant shall be punished by imprisonment for two years.

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

1. The Defendant, on July 2, 2015, 03:30 on July 2, 2015, the Defendant discovered the victim E (e.g., 30 years old) who was seated in front of the “D cafeteria” located in the racing city, and went back to the G front parking lot located in the F at the time of the racing.

The Defendant: (a) led the victim about to return to the vehicle owned by the Defendant, who was parked in the said vehicle to take the victim; (b) attempted to board the victim on the top of the operation of the said vehicle; (c) however, the victim committed assault to the victim, such as: (a) intending to refuse and avoid this; (d) intending to put the victim into the said vehicle by body with the defective victim and the defective victim; and (b) having the victim pushed the victim into the said vehicle by hand; and (c) having the victim pushed the victim by hand.

2. On July 9, 2015, the Defendant: (a) discovered the J (here, 26 years of age) in front of the entrance of the Istudio at a racing city, which is under the influence of alcohol, and tried to rape the victim.

The Defendant, in the face of the victim, tried to prevent the victim from resisting back by a hand hand a part of the victim, etc., which was cited by the victim's left hand, with his hand, and then let the victim in an unclaimed place. However, the Defendant did not go to the wind of the victim's friendly K with the entrance of the studio above the mash, and did not go to such an attempted attempt.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement to E, J and K;

1. Application of one copy of CCTV-cap photograph, one investigation report (verification of CCTV, such as a damaged site), 61 copy of CCTV-cap photograph, one internal investigation report (verification of CCTV at the damaged site), 9 copies of CCTV-cap photograph, and one investigation report (in search and investigation and specific relation to the suspect).

1. Relevant legal provisions of the Criminal Act and Article 260 (1) of the Criminal Act (the point of assault and the choice of imprisonment), Articles 300 and 297 (the point of attempted rape) of the Criminal Act concerning criminal facts;

1. Article 37 (former part of Article 37, Article 38 (1) 2, and Article 50 (an attempt to commit more severe rape) of the Criminal Act to increase concurrent crimes.

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