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(영문) 대전지방법원천안지원 2020.08.19 2020고합53
강간미수
Text

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

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On December 9, 2019, around 04:30 on Asan City, the Defendant drinking alcohol, such as the victim E (n, 21) who is the seat of D, D, and D, and went to a parking lot of the f1st floor in Asan City. The Defendant, while walking together with the victim, she was able to take the son of the victim, she was able to take the son of the victim, she was able to take the son of the victim while walking together with the victim, and she went to a parking lot of the f.m. in Asan City.

Defendant continued to cause a victim suffering from excessive speed at entrance of a parking lot, and the victim's chest, booms, etc., and thus, the victim refuses to do so, and refuses to do so, even though the victim did not refuse to do so, kneeing the victim's head kneeling, kneing the victim's head knekeling, putting the victim's sexual organ into the victim's entrance, and put the victim's sexual organ into the victim's entrance even though the victim said that "the victim was "to do so."

빼내는 것을 반복하고, 피해자가 “혼자 가겠다.”며 일어나서 가려고 하자, 피해자를 따라가 어깨를 잡고 기둥으로 밀친 후 옷 위로 피해자의 가슴을 만지고 상의와 속옷을 올리고 가슴과 유두를 입으로 핥고, 양손으로 피해자의 바지와 팬티를 내린 후 강간하려고 하였으나 피해자가 바지와 팬티를 올리며 저항하는 바람에 미수에 그쳤다.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness E;

1. Examination protocol of the accused by prosecution;

1. Statement to E by the police;

1. A report on the occurrence of a crime, report on internal investigation (indecent act by compulsion on the emergency key of the victim), internal investigation report, report on internal investigation (the verification of CCTV at the site), report on internal investigation (to reply to the results of appraisal by the Daejeon Scientific Investigation Research Institute), report on internal investigation (to reply to the results of appraisal by the victim's interview and the public defender), investigation report (to reply to the results of appraisal by the Daejeon Scientific Investigation Research Institute), and report on investigation (to submit written statements by the E, telephone communications and E);

1. Colors and letters after the closure of a course;

1. Application of Acts and subordinate statutes to the results of CD reproduction and viewing;

1. Criminal facts;

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