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(영문) 전주지방법원 2013.06.28 2013고합90

성폭력범죄의처벌등에관한특례법위반(주거침입강간등)

Text

A defendant shall be punished by imprisonment for not less than two years and six months.

The defendant shall be ordered to complete the sexual assault treatment program for 40 hours.

Reasons

Punishment of the crime

On May 11, 2013, at around 10:00, the Defendant: (a) discovered the victim D (or 19 years of age) who walked in front of the convenience store in the Jeonju-gun, Jeonju-gun; (b) followed the victim, saying, “at the time when the victim attends a factory,” but the victim refused and continued to do so, confirmed the victim’s house; (c) confirmed the victim’s house at around 04:00 on May 12, 2013, the Defendant opened a gate that was found at the victim D’s house located in the Jeonju-gun, Jeonju-gun, and entered as the ma, and opened a corrected window and opened it.

The Defendant discovered a victim who is diving at the same place, spared the victim in the rear side of the victim, spared him, knife him into the brode of the victim, knife him, and knife him, and threatened the victim with knife by threatening him “I knife knife knife knife knife knife knife knife,” thereby making the victim resisting the victim, and tried to commit rape by putting the victim’s sexual organ into the part of the victim. However, the Defendant attempted to commit an attempted crime by leaving the victim’s knife, refusing to do so, and by leaving the knife knife knife knife knife,

Accordingly, the defendant invadedd the victim's residence and attempted to rape the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Each protocol concerning the examination of the accused by the prosecution;

1. Statement made by the prosecution concerning D;

1. Application of Acts and subordinate statutes to photograph photographs, such as a report on investigation (in the event of a suspect), photographs including the oil paper, investigation report (specific suspect), investigation report (in the event of a suspect), request for appraisal, written expert opinion, investigation report (in the case of a suspect), investigation report (in the case of a suspect), photograph of the suspect's attachment;

1. Relevant provisions on criminal facts and the former Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (amended by Act No. 11729, Apr. 5, 2013; hereinafter referred to as “former Act”) concerning the punishment of sexual crimes.