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(영문) 창원지방법원 2013.03.21 2013고합24
강간미수
Text

The prosecution of this case is dismissed.

Reasons

1. On January 11, 2013, the Defendant was an engineer for vicarious driving. On the part of the Defendant, at around 04:20 on January 11, 2013, the Defendant was under contact with the victim D (here 28 years of age) to require vicarious driving, and arrived before the after door of the Seongbuk-gu Ethical area in the Changwon-si Ethic area, and was driving the victim’s franchise XG on the north side of the window at the victim’s request, with the victim’s intent to commit rape.

Around 05:00 on January 11, 2013, the Defendant: (a) arrived at the Felel parking lot at the window in Changwon-si, Changwon-si; (b) arrived at the front of the above 212 EM 2.12; and (c) opened a visit by gathering 30,000 won of the accommodation in the unmanned system machine; (b) the Defendant refused the victim to enter the said room with his mind, with his body and without his resistance.

The defendant tried to rape the victim by putting the victim's resistance on the part of the victim, by putting the victim's body strongly into the victim's body so that the victim cannot move properly, and then placing the victim on the part of the victim on the part of the victim on the part of the victim's body, and forcibly taking the victim's body on the part of the victim's body on the part of the victim's body on the part of the victim's body, but the victim tried to commit rape, but the victim resisted with "ma" and strongly resisted against the victim's behavior.

Since then, the defendant continued to divide the victim's talk with the victim, and the victim demanded a sex relationship with the victim, and the victim entered the toilet for the purpose of having a safe mind, "Is a single cleaning agent and Isa," and used the gap, and did not commit rape with the wind that the victim escaped out of the telecom as it is, and did not commit rape.

2. The facts charged of the instant case are crimes falling under Articles 300 and 297 of the Criminal Act and prosecuted only upon the complaint of the victim under Article 306 of the Criminal Act.

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