(영문) 서울동부지방법원 2014.10.23 2014고합267

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(영문) 서울동부지방법원 2014.10.23 2014고합267

준강간미수등

Text

1. The defendant shall be punished by imprisonment with prison labor for one and half years;

2.Provided, That the above sentence shall be executed for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Around 06:00 on June 25, 2014, the Defendant: (a) discovered the victim E (at the age of 19) who was under the influence of alcohol at the front of the Gwangjin-gu Seoul Special Metropolitan City, and was able to commit rape; (b) discovered the victim E (at the age of 19); (c) led the victim to rape; and (d) led the victim to the Gelel located in F.

At around 06:20 on the same day, the Defendant: (a) placed the victim at the above Gel 116 room, who was drunk and unable to resist due to alcohol, was deprived of the victim’s chest, and tried to have sexual intercourse by putting the victim out of his panty and inserting the victim’s panty, and inserting the victim’s panty into the sound part; (b) however, the victim did not have sexual intercourse with the wind to resist and resist the victim’s panty.

Accordingly, the defendant was trying to have sexual intercourse with the victim by using the state of impossibility to resist.

2. On June 25, 2014, the Defendant: (a) around 06:00 on the front side of the Gwangjin-gu Seoul Special Metropolitan City, the Defendant: (b) placed one cellular phone and one resident registration certificate in a single room in a white gallon, the market value of a woman being owned by the victim, which was 50,000 won in his/her hand, while being drunk by the victim; and (c) placed the victim in a single room.

Accordingly, the defendant stolen the victim's property.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Records of seizure, list of seizure, and photographs of seized articles;

1. Application of the Acts and subordinate statutes requesting appraisal of each CCTV image output photograph, investigation report (the investigation of CCTV around the suspect's house), and response to requests for appraisal;

1. Relevant Articles 300 and 297 of the Criminal Act and Article 329 of the Criminal Act concerning facts constituting an offense;

1. Attempted mitigation of crimes under Articles 25(2) and 55(1)3 of the Criminal Act (the crime of attempted quasi-rape)

1. From among concurrent crimes, the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act (to the extent that the punishment is more severe than that prescribed in the crime of attempted quasi-rape, but to the extent that the punishment is added up to the maximum term of the two crimes).

참조조문

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