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(영문) 서울남부지방법원 2018.06.15 2018고합185
강간미수
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

On December 4, 2017, from around 19:00 to around 19:00, the Defendant served twice with female employees of the same company, and the victim D (V, 19 years old) who worked at the same team after the completion of the meeting ceremony at around 23:00, was found to have a defect in getting out of the bus, the victim’s arms, and the “cab”.

(a)no governance shall take place;

celing cabs;

After inducing the victim, “(victim)” and “(victim)” frequently kid to work at the telecom,” and the victim called the victim at the Fel202 in Geumcheon-gu Seoul Metropolitan Government.

Since then, the Defendant: (a) placed the victim who was seated on the bed; (b) placed the victim on the bed; (c) laid the victim's bed; (d) laid the victim's bed; and (d) laid the victim's bed, and (e) considered the victim's bed.

Although “the victim refused to stand,” the victim’s name and the entrance were keyed in the victim’s body, and the victim continued to leave and resist his body, the defendant only once, once, and why is why you do not refuse to do so,” and the victim’s booms by force, and the victim’s panty was collected in the victim’s panty.

Defendant continued to leave both the victim’s panty and panty, and forced the victim’s sexual organ to put the Defendant’s sexual organ into the part of the victim’s sound. However, the victim sent to G employees who resist against the victim and work in the same company the word “Do and military system” to cell phone H.

In other words, G was phoneed, and the victim made a request to "do Do ....", and the intention was not achieved and attempted.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. The content of H exchanged by the injured party with the G instructor on the day of the case, and the application of the statutes governing H contents exchanged by the injured party with the suspect immediately after the case;

1. Articles 300 and 297 of the Criminal Act concerning the facts constituting the crime;

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. Article 62 of the Criminal Act:

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