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(영문) 창원지방법원 통영지원 2016.12.28 2016고합98
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On May 30, 2016, the Defendant: (a) committed indecent act by compulsion on May 30, 2016, by compulsion: (b) 22:20, on May 30, 2016, the Defendant: (a) placed the victim E (in female, 54 years of age, 54 years of age) who is an employee of the main room located in the studio; (b) laid the victim’s panty; (c) placed the victim into the victim’s pande; and (d) placed the victim’s pande; and (c) placed the Defendant’s gate into the victim’s pande part; (d) put the Defendant’s pande into the victim’s pande part; and (e) committed indecent act by compulsion the victim by coercion, such as forcing the victim to wear her hand on the panty of the victim who was under dancing.

2. Around 00:20 on June 1, 2016, the Defendant, who attempted rape on June 1, 2016, re-exploited the said D main points and took the victim’s desire to report the said D main points, and took the victim into the vicinity of the toilet, thereby leading the victim. On the other hand, the said D main points and the said D main points were able to see the Defendant’s appearance and see the Defendant’s toilet, and the Defendant told the victim to guide the Defendant’s toilet, and the victim was able to attract the victim into the open room near the toilet, and then the victim was pushed the victim over and pushed the victim.

The defendant continued to suppress the victim's resistance on the part of the victim who was charged on the sofion, and fucks the victim's chest by him, and her panty by drawing the victim's panty to the part of bucks, and then she talks about the part of the victim's panty, and she tried to put the victim's panty into the part of the victim's panty by taking his panty into the part of the victim, but she escaped from the part of the victim's spos, after having pushed the defendant into the part of the spos.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made by the prosecution against E;

1. The police statement concerning F;

1. Application of Acts and subordinate statutes to investigation reports (Attachment of field photographs);

1. Relevant Articles 300 and 297 of the Criminal Act and Article 298 of the Criminal Act concerning criminal facts and the choice of punishment;

1. Article 25 of the Criminal Act for mitigation of attempted crimes

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