(영문) 춘천지방법원 강릉지원 2017.10.26 2017고합56

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(영문) 춘천지방법원 강릉지원 2017.10.26 2017고합56

강간미수

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A defendant shall be punished by imprisonment for one year.

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

Around 04:00 on August 15, 2017, the Defendant was parked in the D parking lot located in the Dong-si, Dong-si, Dong-si, Dong-si, the Defendant: (a) taken the victim E (the string, the 20-year old-age) who was drinking together at the immediately preceding age club; (b) taken the string of the victim E (the string, the 20-year-year-old-age), followed the string of the victim who was seated; (c) moved the string to the string of the string where the victim was seated; (d) taken the body of the victim back to the string of the string of the string; (d) took the string of the victim’s body; and (e) took the string of the victim’s constant sound; and (e) tried to put the victim’s panty into the victim’s sexual flag by another hand; and (e) tried to stop the victim’s own sound.

Accordingly, the defendant tried to rape the victim, but attempted to commit a crime.

Summary of Evidence

1. Partial statement of the defendant;

1. Partial statement of witness E;

1. Statement made by the police for E;

1. Determination on the assertion of the victim knee photograph defendant and defense counsel

1. The summary of the argument that the defendant has committed violence to the extent that it would make it impossible or considerably difficult to resist the victim;

shall not be deemed to exist.

The defendant has given consent to the victim.

There was no intention to rape because it attempted sexual intercourse by mistake.

2. Determination

A. The facts of recognition 1) On August 15, 2017, the victim took part in the new wall of the same year in the “GNA” located in F in the same year, in combination with Defendant’s daily behavior and drinking together.

Since then, age clubs and one person of the victim and one person of the victim's friendship, and one person of the defendant and one person of the defendant are neighboring "H", and they did not drink, and they moved to "I" singing, which is located in and around, and play a music, without drinking alcohol.

Since then, the victim's friendship and the defendant's behavior are first given singing.

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