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(영문) 서울서부지방법원 2017.10.19 2017고합139
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

On July 11, 2015, the Defendant discovered that the victim E (at the time, 21 years old) was mixed in the D Building parking lot in Eunpyeong-gu Seoul Metropolitan Government on July 11, 2015, and used tobacco to smoke together. On the other hand, the Defendant suspended the Defendant’s crime of entering the marina parking lot with people and vehicles, while the Defendant continued to have sexual intercourse with the victim, by putting the victim a hand on the knife in the knife, pushing the knife in the knife, cutting the knife on the knife, cutting the knife on the knife, suppressing the victim’s resistance, putting the knife into the knife, knife, knife, and knife the knife on the knife.

Thus, the defendant did not commit rape but did not commit an attempted rape.

[In the case of the part of the facts charged of this case that "the defendant was suffering in order to have sexual intercourse with the victim and the panty in order to have panty", the victim stated in the police that 3 male and panty did not have to have panty on the ground of the vehicle when the defendant got out of the parking lot when she became out of the police, and there is no evidence to acknowledge that the defendant was out of the panty, and therefore the correction is made as above

On the other hand, the defendant asserts that there is no fact of inserting fingers into the victim's resistance.

However, the victim, at the police, put the victim on the floor, puts the victim's panty, kneek kneel in both sides, knek kneel in the two sides, and put the finger in the sound part, and also put in the resistance.

The same has been deep as fingers.

“The statement was made to the effect that the above statement was clear and specific, and thus credibility exists. Therefore, it is sufficient to recognize the fact that the defendant puts the fingers into the victim’s resistance.”

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. The notification of the discovery of genetic assessment certificates, DNA identification identification information, and DNA identification verification information.

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