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(영문) 광주지방법원 순천지원 2014.04.10 2014고합37

성폭력범죄의처벌등에관한특례법위반(주거침입강간등)

Text

A defendant shall be punished by imprisonment for two years.

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

Reasons

Criminal facts

On February 2, 2014, at around 18:47, the Defendant opened a 1st floor door and intruded on the inside of the 2nd floor. Around February 2, 2014, the Defendant was at the victim D (Inn, 57 years of age) operation restaurant.

The Defendant discovered a victim who was divingd at his place, and caused the victim’s breath by hand, and told that “I will do so onceever and die. I will do so. I will do so before the death. I will do so in nature and in kind before the death.” The Defendant attempted to engage in sexual intercourse with the victim after suppressing the victim’s resistance, but the victim did so by completely refusing to do so.

Summary of Evidence

Defendant’s legal statement

Article 15 and Article 3(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Aggravated Punishment, Etc. of Children and Juveniles against D, which are applicable to the criminal facts, such as the relevant law on the records of statement made by the police against D, and Articles 319(1) and 297 of the Criminal Act, Articles 25(2) and 55(1)3 of the Criminal Act for the attempted mitigation of imprisonment, and Articles 53 and 55(1)3 of the Criminal Act for the purpose of sentencing (including discretionary mitigation as follows), Article 62(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Aggravated Punishment, etc. of Children and Juveniles against Sexual Abuse, the Defendant is obligated to submit personal information under Article 47(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes against Sexual Crimes against Sexual Abuse, and Article 49(1)2 of the Act on Special Cases concerning the Punishment, etc. of Child and Juveniles against Sexual Abuse, to submit personal information under the jurisdiction of the Act.

The crime of this case on the grounds of sentencing refers to the defendant's house.