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(영문) 수원지방법원 안산지원 2015.10.02 2015고합112
강간미수
Text

1. The defendant shall be punished by imprisonment for two years;

2. Provided, That the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive;

3.

Reasons

Punishment of the crime

The Defendant is a person who operates the “F” convenience store (hereinafter referred to as the “F convenience store in this case”), and the victim G (V, 19 years of age) is an employee at the convenience store in this case.

At around 11:00 on September 30, 2014, the Defendant: (a) stated that, on the ground that the victim drinks the fluent items without his own permission, the Defendant: (b) carried the entrance of the instant convenience store; (c) carried the fluents into the warehouse; and (d) carried the warehouse in the instant convenience store with the victim.

The Defendant told the victim to arbitrarily take the gift at will during embezzlement but not report it to the police, and then, the Defendant voluntarily suspended the crime, stating that “Ga, our dial-a-a-a-be (a-be in Korea),” the victim refused to do so, she was placed on the floor by coercioning the victim, placed on the part of the victim, prevented the victim from putting the shoulder of the victim on the part of the victim, leaving the victim up on the part of the victim, preventing him/her from putting him/her out, and “a defect only once,” and attempted to have sexual intercourse with the victim, and the victim tried to have sexual intercourse with the victim, and the victim continues to resist, and the victim’s “her marriage does not flickly flat down.”

Accordingly, the defendant attempted to rape the victim by assault.

Summary of Evidence

1. Partial statement of the defendant;

2. Legal statement of G;

3. Part of the prosecutor's office and police interrogation protocol of the defendant

4. Examination protocol of the suspect of G by the prosecution;

5. Statement of the police officer concerning G;

6. Application of each statute of photograph;

1. Articles 300 and 297 of the Criminal Act applicable to the crimes;

2. Articles 26 and 55 (1) 3 of the Criminal Act for statutory mitigation;

3. Article 62 (1) of the Criminal Act;

4. The main sentence of Article 16 (2) and (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes against Probation and Order to Attend Training;

5. The punishment, etc. of sexual crimes subject to exemption from disclosure or notification of registered information;

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