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(영문) 청주지방법원 2020.06.19 2020고합49
강간미수
Text

A defendant shall be punished by imprisonment for not less than two years and six months.

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

Reasons

Punishment of the crime

The defendant is a space in which the defendant was aware of the victim's life with the second floor of the Chungcheongbuk-gun B by the victim C (V, 43 years old) who was in the second floor of the Chungcheongbuk-gun as a guest with the main points of "the defendant's life."

On October 30, 2019, at around 02:25, the Defendant: (a) opened a victim who intends to receive a mobile phone from the Defendant to calculate the drinking value; (b) opened the chest and the same; and (c) made the victim to have sexual intercourse with his/her own will and panty to have sexual intercourse with another person who does not make a settlement, and forced him/her to have his/her own will and panty kne; (d) tried to put the victim into a sexual flag after having her own will and panty kne; (b) however, the victim escaped from this point and went to the first floor.

Therefore, the Defendant tried to shut down the main entrance of the second floor by driving away the victim on the first floor. However, the Defendant attempted to shut down the main entrance of the victim, which was forced to drive the victim by keeping the entrance, and prevented the victim from resisting by using the two arms, and then, attempted to knee his will and panty by kneing him into the knee and panty, but she again spaged by the victim.

The Defendant: (a) drawn up the victim who seeks to report by telephone from a camera; (b) set up the 1st room in the main room; (c) set up the victim’s body on the part of the victim; and (d) rhyd the victim’s body on the part of the victim, but did not bring the victim into sexual intercourse with an ombudsman out of the room.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Application of the CD (CCTV video recording)-related Acts and subordinate statutes;

1. Articles 300 and 297 of the Criminal Act applicable to the facts constituting the crime;

1. Article 53 or 55 (1) 3 of the Criminal Act (The following extenuating circumstances shall be considered for the reasons for sentencing):

1. Article 62 (1) of the Criminal Act (The following consideration shall be made again for the reason of sentencing);

1. The punishment, etc. of sexual assault crimes;

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