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(영문) 대구지방법원 2018.05.18 2017고합568
강간미수
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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

On March 16, 2017, the Defendant in contact with the victim D (the 25 years of age) through around 00:30 on March 16, 2017, and 01:30 from around 01:30 on the same day to around 02:00, the Defendant went to drink with Defendant-friendly job offers, victim, and victim I while drinking alcohol to around 03:30 on the same day from around 04:0 on around 04:0 on the same day with the victim who was suffering from drinking alcohol at the victim’s back, and went to the Defendant’s house located in the J room in the Gu.

At around 05:00 on the same day, the Defendant reported the victim who sits at the defendant's house, kneeing the victim's body by pushing the victim's knee in her hand, kneeing the victim's arms by one hand, and kneeing the victim's knee, off or knee off the victim's body by another hand, and knife the victim's body from the side of the victim's bridge, knife the victim's arms by one hand, knife the victim's body from the victim's head to another hand, and knife the victim's knife and panty with the victim's knife and knife the victim's knife, and tried to rape the victim after suppressing the victim's resistance to the victim's body, but did not commit so.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the prosecution with regard to D;

1. A gene appraisal report;

1. A report on investigation (report on failure to conduct the analysis of digital evidence on a cell phone of the victim);

1. Characteric message photographs;

1. On-site photographs;

1. The screen of the closure of a course;

1. Application of Acts and subordinate statutes to report on investigation (in the case of confirmation of the victim's statement made by the prosecution, 5 and 9);

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

1. Article 25 (2) and Article 55 (1) 3 of the Criminal Act, which is statutory mitigation;

1. Article 62(1) of the Criminal Act (the following sentence grounds are favorable.

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