(영문) 광주지방법원 2015.02.06 2014고합510

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Reasons

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글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 광주지방법원 2015.02.06 2014고합510

준강간미수등

Text

Defendant shall be punished by imprisonment for a term of 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

1. On June 23, 2014, the Defendant attempted to rape the victim E (hereinafter referred to as “victim”) who was under the influence of alcohol in a DNA ster in Seo-gu, Seo-gu, 06:0, the Defendant did not commit an attempted crime because the victim was out of her panty and was out of her panty, but did not have the intent to commit the rape.

2. The Defendant requires the victim of the defect that the victim would go to the house at the time and place under Paragraph 1 that “I do not have any way to go to the house.”

After the victim's refusal from the victim, the victim was assaulted by the victim, such as tamping the victim's right side by tamping him/her two times, and destroying him/her with the victim's right side.

Summary of Evidence

1. Any statement made by the defendant in a part appropriate for such statement in this Act;

1. Any statement made by the witness E in compliance with this Act;

1. Each written appraisal prepared by the National Institute of Scientific Investigation to be appropriate for such written appraisal;

1. Video products that fit for such video products, among the video recordings of the DNA telecom (C&C) ;

1. The assertion of the accused and the defense counsel relating to the damaged photographs and the judgment of this court

1. The gist of the argument was that the Defendant did not have the victim's panty, and did not have any intention to rape the victim.

2. Determination

A. According to the evidence duly adopted and examined by this court, the following facts can be acknowledged.

(1) While under the influence of alcohol, the victim was in a fluenced by fluencing fluor, and the Defendant got her chests from the victim following the victim.

(2) The victim’s body was sleeped by bucking the body of the victim, and the Defendant took the victim’s chest over her chest as clothes, taken the victim’s chest as her clothes, and her hand into the victim’s panty part adjacent to the victim’s panty to the bucks.

The victim cannot be said to be the victim.

유사 판례

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