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(영문) 대구지방법원 2019.10.25 2019고합326
준유사강간미수등
Text

A defendant shall be punished by imprisonment for not less than eight 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

The defendant is between the persons living together with B, and the victim C (the age of 18) is a woman living together in the same place of business as his/her father and wife.

1. A quasi-indecent act by compulsion: (a) from around 05:00 on May 18, 2019 to around 06:00 on the same day, the Defendant: (b) at the inside of the residence located in Daegu Suwon-gu D; (c) at one’s home, the Defendant: (a) on the part of the victim, the victim, who was in the floor of the room, reported himself/herself from the room to commit an indecent act against the victim by advertising it; and (d) included the part of the locked victim, the Defendant was in the top of clothes of the victim.

Accordingly, the defendant committed indecent acts against the victim by taking advantage of the victim's mental or physical state of difficulty.

2. From May 26, 2019 to 06:00 on the same day, the Defendant: (a) from around 05:00 on May 26, 2019 to around 06:00 on the same day, the Defendant: (b) reported that the victim was divingd in the living room in the above dwelling space; and (c) was seated next to the victim, etc., who was locked by drinking the victim with the mind that he would commit an indecent act; (d) on the string, the Defendant was seated by the string of the string and the string of the string; and (e) on the string of the string of the string

As a result, the Defendant was aware that the victim was locked and tried to commit an indecent act by using it, but at the time, the victim did not have been locked and did not have been in the state of mental disorder or failing to resist.

3. The Defendant who attempted quasi-Rape from around 05:0 on June 9, 2019 to around 06:00 on the same day, was able to take part in the victim’s bridge, which is one’s own ties in the above residential area B, and the victim reported from the room floor to her own sleep, and she was sitting on the side of the victim’s bridge where the victim sleeped immediately by reporting the fact that she was sleep from the room floor to her own sleep, and immediately enjoying the sleep. However, the Defendant continued to take part in the sleep of the victim’s slick.

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