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(영문) 수원지방법원 2017.06.29 2017고합140

성폭력범죄의처벌등에관한특례법위반(주거침입강간등)

Text

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

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

Reasons

Punishment of the crime

On March 5, 2017, the Defendant, as Mongolia, discovered that there was a mixed mar between Mongolian victim D (a name, mar, 22 years old) and the victim D (a name, mar, 22 years old) of a mar in the side of the multi-household 4 that he/she is residing in Yongsan-gu, Youngdong-gu C around 12:40, 2017.

Defendant 1 asked the victim of the method of using laundry machines in the above house at the time of the above day and intruded the victim as a way to prevent the victim by using the laundry, using the laundry, and tried to have sexual intercourse with the victim's body, but the victim did not go beyond the victim's name, walked with the laundry, walked with the victim's laundry, and resisted to have sexual intercourse with the victim's body.

Accordingly, the defendant attempted to rape by infringing upon the victim's residence.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the public prosecutor with respect to D and the statement made by the police;

1. Statement made by the police for E;

1. Application of the Acts and subordinate statutes to a report on investigation (a photograph of the body of the suspect), on-site photograph, and report on investigation (the confirmation of the body of the victim);

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

1. Reduction: Articles 53 and 55 (1) 3 of the Criminal Act;

1. Suspension of execution: Article 62 (1) of the Criminal Act (The following sentencing conditions specified in Article 51 of the Criminal Act shall be considered);

1. Exemption from an order to attend a course: there are special circumstances in which an order to attend a course cannot be imposed, since the accused is a foreigner who cannot understand the Korean language;

[Determination]

1. An order to disclose or notify: 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 Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse;