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(영문) 서울동부지방법원 2013.04.11 2013고합46

성폭력범죄의처벌등에관한특례법위반(주거침입강간등)

Text

A defendant shall be punished by imprisonment for not less than one year and six months.

The defendant shall be ordered to complete a sexual assault treatment program for 40 hours.

Reasons

Punishment of the crime

On January 12, 2013, the Defendant, along with a new wall, had a bruptous desire to drink and drink alcohol, and had a mind to rape the victim E, female, and 28 years of age of the United States of America residing on the lower residential floor of the Defendant.

On January 12, 2013, the Defendant: (a) around 03:00, at the residence of the victim located in the F1st floor in Gwangjin-gu, Seoul; (b) the victim opened a cresh door and intrudes into the house; and (c) the victim was released from the opening sound of the entrance door so as to ask the victim “Whobuu”, with the victim’s finger, with the victim’s humbage, humbling, with the victim’s humbage; (d) the victim humbly humbly humbly humbly humbly humbly humbly humbly humbly humbly humbly humbly hum humbly hum hum hum hum hum hum hum hum hum hum hum hum hum hum hum hum hum h, and hum hum hum hum h.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness E;

1. Application of Acts and subordinate statutes governing requests for appraisal;

1. Article 14 and Article 3 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and the elective Punishment of Sexual Crimes, Articles 319 (1) and 297 of the Criminal Act;

1. Articles 25(2) and 55(1) of the Criminal Act, which are statutory mitigation;