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(영문) 의정부지방법원 고양지원 2016.11.25 2016고합148
강간미수등
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

The defendant shall be ordered to complete a sexual assault treatment program for 40 hours.

Reasons

Punishment of the crime

On July 23, 2016, around 03:55, the Defendant discovered the victim E (here, 21 years of age) who was married home in the vicinity of the D building E-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-si, and led to F

At around 04:05 on the same day, the Defendant: (a) followed the victim by leaving the victim's head and her left hand to prevent him from resisting the victim by “one time,” and (b) prevented him from resisting the victim; and (c) attempted to rape the victim by communicating the victim’s chest with suckbucks, and dividing the victim’s body into the victim’s body with his left hand, and making the victim know about the body in front; (d) however, the Defendant attempted to rape the victim by taking off the victim’s head with the bank in which the victim was faced, and breaking the gap into the bottom of the Presidential Decree, and then, (e) attempted to commit an attempted crime against the Defendant, stating that “police was traveling, but she lasted,” and (e) attempted to resist the Defendant.

The defendant continued to bold the hand, and the defendant reported the defendant to the victim, and frighted the frighten victim, who laid the room on the floor, laid down the room on the floor, laid down the above room on the floor, and carried the frighter in the market value, which is the victim's possession.

As a result, the defendant tried to rape the victim, but the victim attempted to commit an attempted rape, and received the property from the victim frighten in the process.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness E;

1. E prosecutorial statement;

1. Each investigation report (on the person under suspicion of being accompanied by the person under suspicion);

1. Application of Acts and subordinate statutes to photographs of belongings;

1. Relevant Articles 300 and 297 of the Criminal Act concerning the crime, the choice of punishment, and Article 350 (1) of the Criminal Act (the point of conflict and the choice of imprisonment);

1. Of concurrent crimes, punishment provided for in the former part of Article 37, Article 38 (1) 2 and Article 50 of the Criminal Act shall be heavier;

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