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(영문) 서울중앙지방법원 2019.07.12 2019고합234

성폭력범죄의처벌등에관한특례법위반(주거침입강간)

Text

A defendant shall be punished by imprisonment for two years.

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

The defendant is not aware of the victim B (a life, a woman).

On March 5, 2019, at around 07:52 on March 5, 2019, the Defendant: (a) entered the 1st floor underground floor of the Seocho-gu Seoul Metropolitan Government building C with a female toilet, and (b) entered the changeer water tank, and (c) entered the side column in which the victim reported the balle in a way that the partitions goes above the upper part.

The Defendant tried to go out of kis the victim’s kis, and tried to see the victim’s own kis and clothes and to see the victim’s sound and legs, and inserted his sexual organ into the sound part of the victim, but the victim resisted to “to see that she would do so,” and did not bring about an attempted attempt to avoid this.

Accordingly, the defendant invadedd women's toilets and tried to rape, but did not commit attempted crimes.

Summary of Evidence

1. Partial statement of the defendant;

1. The police statement of the victim;

1. E statements;

1. CCTV video CDs;

1. Application of Acts and subordinate statutes to each investigation report (to investigate telephone conversations for reference, argument, etc. confirmed on the spot, to ascertain CCTVs of D toilets, to suspects, newly discovered photographs, etc. received from six teams of metropolitan scientific investigation, and to photographs, such as victim grandchildren, etc.);

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

1. Article 25 (2) and Article 55 (1) 3 of the Criminal Act for mitigation of attempted crimes;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Article 62 (1) of the Criminal Act (The following consideration shall be made again for the reason of sentencing);

1. The main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes;

1. Article 47 (1) or 49 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from an order to disclose or a notification order, and children or juveniles;