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(영문) 의정부지방법원 고양지원 2016.07.08 2016고합62
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 December 25, 2015, the Defendant, in Gyeyang-gu, Incheon, a new wall, drinked with the victim E (at 37 years of age) who came to know through stalking, iceed the victim under the influence of alcohol, led the victim to ice back home with her event car, and led the victim to rape in the vehicle.

Accordingly, the Defendant, from around 07:30 on the same day to around 08:00 on the same day, will move to the house, and “I will move to the house.”

“A person who was accompanied by a motor vehicle and was frightened by the victim at the top of the knivers, knife the victim’s chest, knife the knife behind the knife, and sexual intercourse with another victim’s knife going on the body of the victim, and sexual intercourse with the victim’s knife. The victim knife and knife the victim’s knife at the end of the knife, knife the victim’s knife and knife the victim’s knife at least ten times,

In order to prevent the victim from resisting by intimidation, the victim tried to commit rape, but the victim did not have sexual intercourse with the victim at the wind to open a early door while she resisted against the nesnes and seriously.

Accordingly, the defendant attempted to rape the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of E in the police interrogation protocol concerning the accused;

1. Statement made by the police for E;

1. A E-document;

1. Application of Acts and subordinate statutes to each statement recording CDs, victim photographs, comprehensive vehicle details, vehicles owned by the suspect A, pictures of seized vehicles and articles seized, investigation reports (on-site inspection reports);

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

1. Mitigation of attempted punishment: Articles 25(2) and 55(1)3 of the Criminal Act;

1. Article 62 (1) of the Criminal Act on the suspended execution (Article 62 (1) of the Criminal Act on the following grounds for sentencing);

1. The main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes against Sexual Crimes;

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