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(영문) 서울남부지방법원 2018.06.01 2018고합157
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

The facts charged were appropriately revised to the extent that it does not impede the defendant's exercise of right to defense.

The Defendant, at the food house located in Guro-gu Seoul Metropolitan Government 2th floor, drinks with the victim E (the family name, the 41 year old) and the victim's friendship F, etc. first drink with the drinking and continue to drink the drinking with the singing room on the same floor.

On January 18, 2018, the Defendant, at around 01:10, tried to walk the victim's sound with the influence of alcohol, and to rape the victim on the second floor of the said commercial building. While under the influence of alcohol, the charges of the splate are stated as "elevators" by finding the victim, but the charges of the splate are corrected as "Esplate" in accordance with photographs (see the investigation record No. 23-26 pages). The Defendant tried to find the victim's finger by force, put the victim's finger into the part of the victim's finger, put the victim's finger, put the victim's finger, forced the victim's hair to take part in the victim's finger, and then bring the victim's hair back to the victim's face, let the victim kn's hair back to the victim's finger, let the victim kn's hair back to the victim's name and kn't the victim's hair back to the rest of the victim's body.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made in relation to F and E;

1. Application of Acts and subordinate statutes to police internal reports and photographs attached thereto (CCTV images) (hereinafter referred to as “CCTVs”);

1. Relevant provisions of the Act concerning facts constituting an offense;

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