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(영문) 부산지방법원 서부지원 2018.08.16 2018고합119
강간미수등
Text

A defendant shall be punished by imprisonment for six years.

The defendant shall complete a sexual assault treatment program for 40 hours against the defendant.

Reasons

Punishment of the crime

1. On March 15, 2018, the Defendant: (a) around 04:0 on March 15, 2018, while drinking alcohol together with B, which is located in the middle-gu Busan Metropolitan City, Nampo-gu, Busan, with B, the Defendant was forced to sit together with B, who is inside the inner part of B, and (b) had the victim and the victim who were to return to the house, who would have performed the said alcohol at their own home.

At around 07:00 on the same day, the Defendant had a mind to rape the victim while drinking alcohol with the victim at the heading room of E Building F, which is one of his dwellings in Busan, Seo-gu, Busan, and had the victim close on the bed, forced the victim to be tightly lying off on the bed on the bed, and forced to commit rape with the victim, and attempted to be exempted from all her spons and clothes on the bed, and attempted to rape the victim. However, the Defendant did not go through an attempted rape with the wind that the female refuses to complete.

2. At around 07:10 on March 15, 2018, the Defendant attempted to murder the victim by taking a knife a knife with a knife in the kitchen (17cm in total length, about 30cm in length, about 17cm in length) and with a knife with a knife in the kitchen in which the victim would kill the victim by taking the knife at one time, but the victim attempted to kill the victim by taking the knife with the knife at one time after taking the knife’s left part of the victim’s knife, but the victim attempted to inflict an injury, such as a knife on the left-hand knife, which requires a four-day medical treatment, and failed to achieve that intention.

Summary of Evidence

1. Partial statement of the defendant;

1. The legal statement of the witness C;

1. A protocol of seizure and a list of seizure;

1. On the spot and photographs of seized articles;

1. Two copies of a report processing statement; and

1. Written response to a request for appraisal;

1. A report on investigation (Attachment of a medical certificate related to a victim);

1. A report on investigation (to hear statements from victims);

1. Investigation report (the victim's photographs, etc. on his/her upper part);

1. Investigation report (report on video recording of the victim's statement);

1. The application of Acts and subordinate statutes to reply to a request for advice;

1. Article 300 of the Criminal Act applicable to the crime, Articles 297 of the Criminal Act (the attempted rape) and Articles 254 and 250 of the Criminal Act.

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