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(영문) 수원지방법원 안산지원 2014.02.07 2013고합315
강간미수등
Text

The Defendant is acquitted. The Defendant’s claim to attach an electronic tracking device of this case is dismissed.

Reasons

1. The summary of the facts charged was living together with the Defendant’s female-friendly job offers F from around March 2012 to Ansan-si E and 304, and the victim G (the age of 24) was the F’s relative, with the permission of the Defendant and F in the same place of work from September 9, 2013.

강제추행 피고인은 2013. 9. 중순경 위와 같은 장소에서, TV를 보며 누워있던 피해자를 강제추행할 마음을 먹고 한 손으로 피해자의 양팔을 붙잡아 머리 위로 올려 반항하지 못하게 한 후 피해자의 귀, 목 등을 핥고, 피해자의 옷과 브래지어를 위로 올린 다음 피해자의 가슴을 입으로 핥아 피해자를 강제로 추행하였다.

B. On September 2013, the Defendant committed rape (i) around 18:00 on the first day of September 2013, 2013, at the same place as above, and around 18:00 on the same day, the Defendant: (a) was frightened to rape the victim; (b) was unable to resist by putting one hand the victim’s arms into her head; (c) was frightened the victim’s chest; and (d) tried to cut off panty and put the victim’s finger into the victim’s sexual organ in the victim’s sexual organ and inserted the Defendant’s sexual organ into the victim’s sexual organ. However, the Defendant did not commit an attempted rape with the wind to resist and resist the victim at least one hour.

Before September 19, 2013, the Defendant attempted to rape the victim in the same place as above, around 08:00 on September 19, 2013, and in the same manner as the above (i). However, the Defendant attempted to rape the victim, but the victim did not commit an attempted rape at least one hour on the wind of cutting off and resisting the sacrife at least one hour.

2. Defendant and his defense counsel’s assertion

A. The facts charged

In relation to the claim, the defendant had a physical contact with the victim as stated in the facts charged, but there was no violence or intimidation against the victim.

B. Facts charged

B. (i) In relation to paragraph (1), the Defendant attempted to rape the victim on the pertinent date, time, and place.

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