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(영문) 서울중앙지방법원 2016.08.12 2016고합126

성폭력범죄의처벌등에관한특례법위반(주거침입강간)

Text

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

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

Reasons

Punishment of the crime

On September 21, 2015, at around 22:20, the Defendant discovered a drunk victim in the vicinity of the victim F (n, 44 years of age) in Dongjak-gu Seoul Metropolitan Government, and followed up to the house of the victim, opened the entrance door by dividing the victim's secret number, pushed the victim's less part into the victim's house, pushed the victim into the victim's house, pushed the victim's body, pushed the victim over the spons, cut off the spons, cut off the body and face of the victim's body, and continued to have the victim's body and face, cut off the part of the victim's panty, cut off his panty, added his panty, added his panty, and failed to complete sexual intercourse, thereby preventing the victim from doing so. However, the Defendant failed to complete the victim's resistance.

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

Summary of Evidence

1. Statement by the defendant in court;

1. F statement concerning the defendant in the protocol of interrogation of suspect against the prosecution;

1. G statements;

1. A gene appraisal report and an appraisal report;

1. Application of Acts and subordinate statutes to photographs of victims;

1. Relevant legal provisions concerning facts constituting an offense, and Articles 15 and 3 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Aggravated Punishment, Etc., and Articles 319 (1) and 297 of the Criminal Act;

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances shall be considered for the reasons for sentencing):

1. Article 62 (1) of the Criminal Act on the stay of execution (Article 62 (1) of the Criminal Act on the following grounds for sentencing);

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

1. Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from an order to disclose or a notification order, the proviso to Article 49(1) and the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse (the defendant is the defendant).