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(영문) 수원지방법원 안양지원 2013.09.13 2013고합126

성폭력범죄의처벌등에관한특례법위반(주거침입강간등)

Text

A defendant shall be punished by imprisonment for three years.

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

Reasons

Punishment of the crime

At around 02:00 on June 20, 2013, the Defendant discovered a victim who was under the influence of alcohol in the vicinity of the victim E (W, 37 years of age) in the Sinpo City C and B02 (D) and was able to rape the victim, and followed the victim, and confirmed that the victim “the victim was not lost,” and the victim was “the victim was not lost,” and the contact with the victim was divided, and there was no other person than the victim in the above residence.

On the other hand, the Defendant opened the kitchen window in the house that was not locked back to the building and intruded into the house, obstructed the victim from suffering, and obstructed the victim from leaving the house, and obstructed the victim's family by "on the ground that the victim went to the house," prevented the victim from resisting against the victim, and did not go into the part of the victim's panty, and did not go into the victim's panty, and did not go into the victim's panty. The Defendant continued to go out, "the victim's sexual organ is soon as possible", "the victim's sexual organ is put into the victim's entrance, added the victim's sexual organ into the victim's sound part, added the victim's sexual organ into the victim's sound part, added the victim's sexual organ into the victim's house, and attempted to commit rape, and the police officer dispatched after being reported to do so, attempted to go into the above residence.

Summary of Evidence

1. Statement of the accused in the second protocol of trial;

1. Statement to E by the police;

1. Seizure records and investigation reports (involuntary submission), and the pages of the investigation records;

1. Application of Acts and subordinate statutes to records on site;

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. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

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

1. An order of disclosure; and