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(영문) 인천지방법원 부천지원 2017.02.10 2016고합163
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 November 23, 2015, at around 20:00, the Defendant joined “E” restaurant near the Namdong-gu Incheon Metropolitan City, Seodong-gu, Incheon, in the drinking place between the workplace F and the victim G (at the time, 38 years old), and first met the victim, and later, while continuing the drinking place, at the beer house, the last drinking place excluding the Defendant and the victim were returned to the Republic of Korea. On November 24, 2015, the Defendant went back to the victim’s house and went together with the victim to commit rape and had the victim raped.

The Defendant: (a) she fights on the body of the victim who is trying not to enter the international telecom with “Iel” located in Nam-gu, Incheon; (b) she saw the victim to get out of the Republic of Korea, and tried to commit rape with the victim’s resistance by suppressing the victim’s resistance by getting the victim’s satising the gap on the part of the other victim’s body and preventing the victim from spreading the gap on the part of the other victim’s body; and (c) she tried to commit rape with both arms by suppressing the victim’s satis; (d) however, the victim determined that it was difficult to resist the victim’s resistance due to the force was “Iur.” and the Defendant she did not have attempted to commit any satis and escape from the other victim’s body.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness G;

1. Statements concerning the police and the prosecutor's office concerning each part of the protocol of interrogation of the accused;

1. Statement of the police statement related to G;

1. A criminal investigation report (the details of the receipt of the case), investigation report (CCTV image analysis), investigation report (Fline telephone investigation), investigation report (or employee J telephone investigation), investigation report (K counterpart telephone investigation and suspect photograph); and

1. Application of Acts and subordinate statutes to text messages, each photograph (Evidence Nos. 5, 7)

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

1. Article 25(2) of the Criminal Act, which provides for statutory mitigation.

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