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(영문) 의정부지방법원 고양지원 2015.11.13 2015고합206

성폭력범죄의처벌등에관한특례법위반(주거침입강간)

Text

A defendant shall be punished by imprisonment for three years.

However, the execution of the above punishment shall be suspended for five years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On September 6, 2015, at around 04:15, the Defendant: (a) opened a window without a corrective device and intruded into the house of the victim D (the 20-year-old) located in Pakistan; (b) opened the window on the side of the victim who was locked above on the bed against the victim; (c) opened the victim’s two sides by checking the victim’s hand; and (d) prevented the victim from leaving the room; and (e) laid down the victim’s panty by hand up the victim’s panty up to buck.

Therefore, the victim tried to have sexual intercourse with the victim after putting the victim's hand on the victim's hand when she pushed the defendant, but she tried to have sexual intercourse with the victim. However, the victim's walked and resisted the defendant by walking to the defendant, and the defendant tried to get the victim's panty by drawing the victim's spanty to the spanty, but the victim tried to get the victim's spanty, but she did not have the victim's face by her hand when she gets a large amount of sound and her resistance, so she did not have the intention of escape, so she did not go

Summary of Evidence

1. Application of the police protocol of statement of the defendant D to the police station's legal statement;

1. Relevant Articles 15 and 3 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and the elective Punishment, etc. of Sexual Crimes, Articles 319 (1) and 297 of the Criminal Act;

1. Article 25 (2) and Article 55 (1) 3 of the Criminal Act for mitigation of attempted crimes;

1. The main sentence of Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, etc. of Sexual Crimes, Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, the proviso to Article 49(1) and the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against their own mistake, where the Defendant recognized the instant crime and reflects his/her mistake, and there is no specific criminal punishment except for the instant punishment sentenced once to a fine prior to the instant crime.

Other benefits and prevention expected by the disclosure order or notification order of this case, and the results therefrom.