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(영문) 제주지방법원 2016.11.03 2016고합122

성폭력범죄의처벌등에관한특례법위반(주거침입준강간)등

Text

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

1. On September 6, 2016, the Defendant violated the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (rape-rape) opened an entrance at the entertainment tavern operated by the victim C (the name of the victim, the 64 years old) at Jeju on September 6, 2016 and opened the entrance that was not corrected, and entered the said main points, and discovered that the victim was locked at the said main points, the victim was willing to rape the victim who was unable to resist, and invaded the said room, and then exempted the victim’s clothes from all her clothes, putting the victim’s fingers into the inner part of the victim’s kne and panty, and did not commit an attempted crime while the victim escaped from the lock.

2. At around 05:30 on September 6, 2016, the Defendant damaged public goods, who was arrested as a flagrant offender on the road front of the above main shop and boarded the D patrol seat at the back seat of the D police station, and was in the course of escort, according to the Central District of the Jeju East Police Station, the Defendant destroyed that the repair cost would be equivalent to KRW 148,57,000 for the repair of the said patrol vehicle, which is a public goods, at several times.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of C;

1. E statements;

1. Report on investigation (specific number of suspects), investigation report (269 pages of investigation records);

1. Application of Acts and subordinate statutes to an investigation report (Attachment to a written estimate for damage to public goods), a report on an investigation (verification of the scene of the case and a photo of the suspect), a report on an investigation (Attachment to a photo of the last half of the suspect left the scene), a report on an investigation (verification of the opposite suspect moving route to the police officer in the site), a report on an investigation (Attachment to images as at the time the suspect is transferred to the Central District of

1. Relevant Articles 15 and 3(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, Articles 319(1), 299 of the Criminal Act (the attempted quasi-rape, the choice of limited imprisonment), Article 141(1) of the Criminal Act concerning facts constituting an offense, and the punishment of a sexual crime selected in the choice of a punishment, and the punishment of imprisonment with prison labor;