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(영문) 대구지방법원 안동지원 2014.04.17 2014고합6

성폭력범죄의처벌및피해자보호등에관한법률위반(주거침입강간등)

Text

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

Reasons

Punishment of the crime

On October 13, 2005, at around 05:50, the Defendant opened a gold door in front of the entrance of the victim D (Inn, 209) at Ansan-si, Andong-si, 209, and invaded into the toilet impulse and windows opened for ventilation.

The defendant, who dumped the victim's head debt, cut off his clothes, and flap his arms to charge mobile phones, stated that "I wish to do so, kn's kn's kn's kn's kn's kn's kn's kn's kn's kn's kn's kn's kn's kn's kn's kn'ss kn's kn's kn's kn's kn's kn's kn's kn's kn's kn's kn's kn's kn's kn's kn'

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

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the suspect interrogation protocol of the accused by the prosecution;

1. Each statement made by the police officer in relation to D, E, F, and G;

1. On-site reports on results, on-site photographs, fingerprints appraisal results, descriptions in an appraisal report, and the application of video Acts and subordinate statutes;

1. Articles 12 and 5(1) of the former Act on the Punishment of Sexual Crimes and Protection, etc. of Victims Thereof (Amended by Act No. 8059, Oct. 27, 2006); Articles 319(1) and 297 of the former Criminal Act (Amended by Act No. 10259, Apr. 15, 2010; hereinafter the same shall apply) concerning criminal facts

2. Selection of a limited term of punishment (Provided, That the maximum term of the punishment shall be 15 years pursuant to the main sentence of Article 42 of the former Criminal Act);

3. Statutory mitigation under Articles 25 (2) and 55 (1) 3 of the Criminal Act;

4. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act.

5. Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from disclosure and notification orders, and the protection of children and juveniles against sexual abuse.