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(영문) 수원지방법원 2018.12.21 2018고합439

성폭력범죄의처벌등에관한특례법위반(주거침입강간)

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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 three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On May 25, 2018, the Defendant: (a) opened a studio that was not locked by the victim E (n.e., 18 years of age) located in the Gansi District D around 10:23 on May 25, 2018; and (b) invaded upon the victim’s residence; (c) went off the victim’s chest and her chest, her kin, who is under the influence of alcohol, from the victim’s her hand, and tried to have sexual intercourse with the victim’s body by inserting her hand into the part of the victim’s drinking part, but did not occur.

Accordingly, the Defendant attempted to have sexual intercourse with the victim by taking advantage of mental and physical loss or arbitrariable condition, but did not have attempted to do so.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to E and F;

1. CCTV afforestation files;

1. Character message or record;

1. Application of Acts and subordinate statutes to a report on investigation (as to the current state of suspect’s temporary crime);

1. Relevant Articles 15 and 3 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Aggravated Punishment, etc. of Sexual Crimes on the Crime, and Articles 319 (1), 299, and 297 of the Criminal Act;

1. Mitigation of attempted punishment: Articles 25(2) and 55(1)3 of the Criminal Act;

1. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons 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, notify, and restrict employment; Article 49(1) proviso of the Act on the Protection of Children and Juveniles from Sexual Abuse; Article 49(1) proviso of the Act on the Protection of Juveniles from Sexual Abuse; Article 50(1) proviso proviso of Article 56(1) proviso of the Act on the Protection of Children and Juveniles from Sexual Abuse (a defendant was an adult after the prosecution of this case, but was 18 years old at the time of committing the crime; (b) there was no record of punishment for any crime including a sex offense; and (c) the registration of personal information

It appears that the motive and content of the instant crime, the process and consequence of the instant crime, and seriousness of the crime.