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(영문) 수원지방법원 평택지원 2017.01.11 2016고합83
강간미수등
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 three years from the date this judgment becomes final and conclusive.

(e).

Reasons

(a) currently pending divorce proceedings by filing a complaint;

1. Around March 2, 2016, the Defendant attempted rape: around 14:20 on March 2, 2016, found DNA apartment Nos. 102, 805, which is the Defendant’s residence, in order to have the son get out of the son; and, in order to have the son get out of the son, induced the victim to be out of the son.

When the victim refuses to agree with the victim because the victim requires adjudication, the defendant said that "if so, it is impossible to do so, she was placed on the victim's body by putting the victim's body in hand with her hand, put one hand the victim's hand on the victim's neck and other hand, she was off the victim's bridge with the victim's seat and clothes, cut off the victim's bridge with the defendant's bridge, forced the victim's sexual organ into the part of the victim's sound, and tried to rape the victim by inserting the victim's sexual organ into the part of the victim's sound. However, the victim reported to the police by her cell phone and tried to commit an attempted crime.

" 2016 Gohap 145"

2. On February 21, 2016, the Defendant infringed upon a residence: (a) on February 21, 2016, E apartment unit 1***** the said 1*** the key repair hole aware of the fact before the victim’s house; (b) opened a door door and entered the house and intrudes on the victim’s residence.

3. Residential search search: (a) the Defendant entered the victim’s house at the time and place specified in paragraph 1; and (b) searched the victim’s residence after the victim’s clothes, ices, and so on.

Summary of Evidence

Sub-paragraph 1 of the Judgment

1. Partial statement of the defendant;

1. The legal statement of the witness C;

1. Each fact described in subparagraphs 2 and 3 of the Judgment on Investigation Report (AF and other confirmation report on the details of messages transmitted by suspects AF);

1. Statement by the defendant in court;

1. Application of the police statement protocol law to C

1. Relevant legal provisions concerning the crime, Articles 300 and 297 of the Criminal Act (a point of attempted rape) concerning the selection of punishment, Article 319 (1) of the Criminal Act (a point of intrusion upon residence, choice of imprisonment with prison labor) and Article 321 of the Criminal Act (a point of search at residence);

1. The former part of Article 37 of the Criminal Act, Article 38(1)2 and Article 50 of the Criminal Act (the most punishment) shall be imposed on concurrent crimes.

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