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(영문) 부산지방법원 2017.02.10 2016고합803

성폭력범죄의처벌등에관한특례법위반(주거침입강간)등

Text

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

The defendant shall be ordered to complete a sexual assault treatment program for 80 hours.

Reasons

Punishment of the crime

Defendant

On October 31, 2016, the person against whom the attachment order was requested (hereinafter referred to as the "defendant") discovered the victim D (the age of 13) emitted from the near convenience store on the front of Busan Seo-gu Apartment apartment on October 15, 2016, and was able to rape according to the rest of the victim who was sexual impulse.

The defendant, after driving away from the entrance of the above apartment, was going up to 10 floors from the elevator with the victim, and the victim opened the entrance door of the elevator, and immediately intruded into the victim's residence.

The Defendant: (a) threatened the victim by stating that “I am early and early, I shall see the neck, if I am immediately,”; (b) led the victim’s arms to a small room by taking the victim’s hand from behind the victim’s hand; (c) led the victim’s arms to a small room; and (d) led the victim’s resistance by other hand; and (c) asked the victim’s age to the victim; and (d) had the victim known of the fact that the victim was a juvenile, but continued to put the victim out of the victim’s trts and bracks after having suffered from the victim, and tried to rape the victim by getting the victim out of the victim’s right angle and bracks, but did not have the victim escape as he had the victim opened a visit and enter, and did not commit an attempted crime.

As a result, the Defendant attempted to rape a juvenile by assault or intimidation, but did not bring about such intent.

Summary of Evidence

1. Statement by the defendant in court;

1. Recording records of the statement;

1. Application of the 112 Report Processing List, each photograph (No. 10 to 14 evidence list), each CCTV video CD, and each investigation reporting statute;

1. An attempted rape under the relevant legal provision on criminal facts: Articles 15 and 3(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, Article 319(1) and Article 297 of the Criminal Act: Article 7(6) and (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. Trade name;