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(영문) 수원지방법원 성남지원 2018.04.05 2017고합212

성폭력범죄의처벌등에관한특례법위반(주거침입강간)

Text

A defendant shall be punished by imprisonment for two years.

The information on the accused shall be disclosed and notified for a period of three years.

Reasons

Criminal facts

The defendant had weak ability to discern things or make decisions due to the mental retardation of the second degree of intellectual disability.

On September 3, 2017, the Defendant came to the inner room through an open door, and then came to the inner room in the residence of the victim E (n, 61 years of age) located in Seongbuk-gu, Seongbuk-gu, Sungnam-si, Sungnam-si, and then came to the upper body of the victim who was arbitrized in the beds, and then came to the inner body of the victim.

The Constitution System is called "one time", and the victim was off from the original body.

Therefore, the defendant who was pushed the defendant's chest side of the defendant's chest with both arms refers to "the death and salut away" against the victim, and after covering the victim's face, the victim tried to rape with his hand, but the victim did not come to the wind of the defendant's chest and resisting by his hand.

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

Summary of Evidence

1. Partial statement of the defendant;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Statement made by the police for E;

1. Investigative reports (to hear statements from victims);

1. Ratifications;

1. Application of statutes on site photographs;

1. Relevant Articles 15 and 3(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, the Punishment, etc. of Sexual Crimes on the Crime, Articles 319(1) and 297 of the Criminal Act, and the choice of imprisonment for a limited term;

1. Article 10(2), Article 10(1), and Article 55(1)3 of the Criminal Act to mitigate mental and physical weakness;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. The proviso to Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Subject to Imposition of Order to complete a program (any special circumstance in which it is impossible to impose an order to complete a program on

1. Reasons for sentencing under Articles 47(1) and 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed against Disclosure of Registered Information and Orders to Notify Information, and Articles 49(1)2 and 50(1)2 of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. Legal provisions;