(영문) 수원지방법원 2016.12.08 2016고합597

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Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 수원지방법원 2016.12.08 2016고합597

강간미수

Text

A defendant shall be punished by imprisonment for two years.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

At around 02:20 on July 28, 2016, the Defendant: (a) met the victim E (hereinafter referred to as “Dnode”) who became aware of through smartphone introduction and hosting application; and (b) performed singing and playing in the said singing room after drinking the film; (c) had the victim talked with, having the victim kis, she was able to rape the victim; (d) she was placed on the shock wave located in the room; (e) she was frightened with the victim’s chest, she was frighter with the victim’s chest, and she was frighted with the victim’s right chest, and the victim was tight, she was tight, body, and her body, and her part was rejected, and then she was frighted with the victim’s finger and her part, and then she was frightd with the victim’s finger, and then the victim’s finger and her part was frighted with the victim’s finger.

The Defendant: (a) when the victim sleeps and resists the sleep and fell off from the floor; (b) tried to get off slicks and panty, and slicks into the sound of the victim; (c) however, the victim slicked the Defendant by opening a slick and singing door so as to see the Defendant’s slicks, so the Defendant did not have the intent to slick the employees of the said singing, but did not commit

Summary of Evidence

1. Defendant's legal statement;

1. Each prosecutor's protocol of examination of the accused;

1. Each prosecutor's office and police statement regarding E;

1. The police statement concerning F;

1. Images of CCTVs from the Domino bank and CCTVs from the Domino bank;

1. 112 Reporting case management table;

1. Application of Acts and subordinate statutes governing requests for appraisal;

1. Articles 300 and 297 of the Criminal Act applicable to the crimes;

1. Article 25 (2) and Article 55 (1) 3 of the Criminal Act for mitigation of attempted crimes;

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. Article 16 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes;

참조조문

-성폭력범죄의 처벌 등에 관한 특례법 제16조

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