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(영문) 수원지방법원 평택지원 2014.08.06 2014고합87

성폭력범죄의처벌등에관한특례법위반(주거침입강간등)등

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A defendant shall be punished by imprisonment for three years.

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

Reasons

Punishment of the crime

At around 01:00 on May 24, 2014, the Defendant: (a) reported that the above studio 404 studio window is opened next to the victim D (n, 30 years of age), a residence of the victim D, when the Defendant was under mixed drinking, and attempted to rape the victim by impairing the victim’s residence; and (b) went through an open door above the 404 studio of the above 404 studio; (c) went into the victim’s body, and was locked back to the victim’s body by taking rape the victim’s personal body, and then, (d) went out of the victim’s body by taking rape with the victim’s hair, and (e) harming the victim’s body, the victim was able to take at the same time by committing rape, and (e) harming the victim’s hair, and (e) harming the victim’s hair, by inserting the victim’s hair, and inserting the victim’s body by inserting the victim’s her hair with other hand.

Summary of Evidence

1. Statement made by the defendant in this court;

1. Statement made by the police officer on the victim's statement;

1. Investigative reports (including CCTV image data at the scene of damage), descriptions of reports on the results of field identification, and images (including photographs attached thereto) of police preparation;

1. Application of the Acts and subordinate statutes in each protocol of seizure prepared by the police;

1. The occupation of rape in the course of committing a crime in the relevant legal provisions: The occupation of carrying and rape in dangerous articles in the conduct prescribed in Article 3 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, Articles 319 (1) and 297 of the Criminal Act: Article 4 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, Article 297 of the Criminal Act;

1. Articles 40 and 50 of the Criminal Code of Trade and Trade are more severe.