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(영문) 수원지방법원 안양지원 2012.11.23 2012고합295

성폭력범죄의처벌등에관한특례법위반(절도강간등)

Text

A defendant shall be punished by imprisonment for not less than two years and six months.

The defendant shall be ordered to complete the sexual assault treatment program for 80 hours.

Reasons

Punishment of the crime

1. On August 7, 2012, around 03:10, the Defendant intruded into the house through the entrance door that was not corrected for the victim D (the victim D, 34 years of age) located in the Manan-gu Manyang-si 101, and then stolen one mobile phone at the market price of 800,000 won, which was the victim’s ownership on the floor of the living room, and made an indecent act by forcing the victim to commit an indecent act on the part of the victim.

2. At around 05:00 on August 7, 2012, the Defendant: (a) opened an unrecepted door for the victim F (the age 21) in Manyang-si E (the age of 21) to a way to open a Gamoto 202, which was administered, and stolen cash of KRW 37,00,00, the victim on a computer, who was the victim on a computer, and tried to commit rape with the victim, who was locked at the bend; (b) cut the victim’s her bright to commit rape; and (c) cut the victim’s her chest, who was locked at the bend in the bend; and (d) tried to rape the victim on the right bridge after having her hand in the bend in the bend; (c) however, the victim resisted the victim and attempted to commit so.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. Written statements and written complaints prepared in connection with D;

1. The application of Acts and subordinate statutes to a report on investigation (in relation to the attachment of a field-based investigation, CCTV photographic data, as to the attachment of seized photographic data);

1. Article 3 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, Articles 30 and 298 of the Criminal Act, Articles 3 (1) and 14 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, Articles 30 and 299 of the Criminal Act concerning the crime, and Articles 30 and 29 of the Criminal Act concerning the punishment, etc. of sexual crimes;

1. From among concurrent crimes, the punishment provided for in the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act (an aggravated punishment of concurrent crimes with punishment provided for in the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Rape, etc.) among concurrent crimes under paragraph (2) with a heavier

1. Discretionary mitigation;