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(영문) 대구지방법원 2014.09.26 2014고합198
강간미수등
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

1. On August 22, 2013, the Defendant, at around 22:00, committed indecent act by compulsion, committed an indecent act by compulsion, by reporting the victim C (at the age of 53) coming from a road in front of the Gyeong-gu Mapo Park Park in Daegu-gu, Daegu-gu, and committing an indecent act against the female by force.

From the above point of view, the Defendant: (a) from the point of view to about 50 meters after the victim C’s back to the four-meter radius; (b) confirmed that there was no people in the surrounding areas; and (c) held the said victim’s back to the two descendants; and (d) forced the victim to commit an indecent act by forcing the victim, such as: (a) the victim’s frightening the Defendant’s grandchildren and kiding the Defendant; and (b) the victim’s frightening the Defendant, even if she faced with the Defendant, she continued to be tightly

2. On April 19, 2014, the Defendant: (a) around 22:15, 2014, went through a mobile phone in front of Daegu-gu D; (b) reported the victim E (here, 21 years of age) who walked on the road; and (c) tried to rape a female with a sudden sexual impulse.

The Defendant immediately went to the victim E by standing up the female, and brought the victim into the victim’s body. The Defendant got out of the victim, pushed up the victim’s head by putting the victim’s head, coercing him/her over several times with his/her left hand, and tried to commit rape by continuously gathering his/her left hand on several occasions with his/her mother, but he/she did not commit an attempted rape by hearing the secret sound of the victim and attempting to help the victim to commit it.

Summary of Evidence

1. Partial statement of the defendant;

1. Each police statement of C and E;

1. Application of Acts and subordinate statutes to each investigation report (including photographs attached thereto);

1. Relevant legal provisions concerning criminal facts, Articles 300 and 297 of the Criminal Act concerning the choice of punishment, and Article 298 of the Criminal Act concerning indecent acts by compulsion, and imprisonment with prison labor;

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