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(영문) 인천지방법원 2021.03.25 2020고합798
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The facts charged are as follows: (a) the Defendant was sected with the victim B (hereinafter “victims”) and about one month, and the Defendant stated that “the Defendant was sected for about one month during which he/she was sected,” but the facts charged are partly revised and decided to the extent that he/she does not infringe on the Defendant’s right to defense based on facts acknowledged by the pleadings and evidence of the instant case.

On July 24, 2020, the Defendant: (a) around 23:00, at the hotel hotel of Bupyeong-gu Incheon Metropolitan City, Bupyeong-gu, Incheon, the Defendant, while having sexual intercourse with the victim, was aware that the Defendant recorded a sex-related voice without the consent of the victim; and (b) had sexual intercourse with the victim, and (c) had sexual intercourse with the victim.

Accordingly, the victim is expected to go to the house.

In spite of the fact that the defendant was unable to cause the victim, the defendant was informed of his ability to prevent the victim, and then "to be included in the calculation of tax base."

(zc) Had Had, Had, Had;

1. Domination of tax base:

is not a foot.

As soon as possible.

(a)"Ha". He does not amb. h.h. h. h.h. h.h. h.h.

놔! ”라고 말하며 저항하는 피해자를 상대로, “ 가만히 있어. 가만히 있으라

The phrase “Woo” refers to the body and bridge of the victim who is ever on the body of the victim, who takes up the body and bridge of the victim, and divided the victim’s two arms with both hands, and pressure the victim, and put the Defendant’s sexual organ into the part of the victim, but the victim did not resist the body and resist the victim’s body, and did not commit an attempted crime.

Accordingly, the defendant tried to rape the victim by assault, but attempted to commit an attempted crime.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to record recording of investigation reports by the police statement protocol with respect to B (a specific recording part of the damage caused by sexual assault in the recording book submitted by the victim, a transcript photograph and a text message of the victim);

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

1. Reduction of a small amount;

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