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(영문) 청주지방법원 2018.04.13 2018고합12

성폭력범죄의처벌등에관한특례법위반(주거침입강간)등

Text

A defendant shall be punished by imprisonment for three years.

The defendant shall be ordered to complete the sexual assault treatment program for 40 hours.

Reasons

Punishment of the crime

1. On April 15, 2017, the Defendant: (a) committed a violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Rape, etc. in Residence) committed a crime by entering the victim F (the name of the victim, the 46 years old) from the victim E to the meeting of the victim F (the name of the victim, the 46 years old) of the victim’s friendly job offering at the D hotel located in Young-gu, Chungcheongnam-gu, Chungcheongnam-gu; and (b) was willing to rape the victim.

The Defendant, through the entrance that had not been corrected, intruded into the above 201 unit, and then breaking the body of the victim who sits into the bed with his hand, and tried to have sexual intercourse with the victim by deceiving the victim's chest and negative part by suppressing the victim's resistance. However, the Defendant did not reach the intent on the wind that the victim resists the victim completely.

Accordingly, the defendant invadedd a residence and tried to rape the victim by assault.

2. In the date and time set forth in paragraph 1, the Defendant: (a) committed an attempted rape at the same place; and (b) prevented the victim from escape from attempted rape; and (c) caused the victim’s arms against the wall by cutting off the victim’s arms and cutting off the victim into the wall, thereby causing approximately two weeks of treatment to the victim; and (b) inflicted injury on the victim, i.e., the following arms and other parts of obscure parts, which need to be treated for about two weeks.

Summary of Evidence

Application of Acts and subordinate statutes to the defendant's legal statement F, E's prosecutor's office, police's statement E's statement protocol G to the police's statement, Defendant's cell phone photograph, and CCTV victim's photograph

1. Relevant legal provisions concerning the facts constituting an offense, and Articles 15 and 3(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Aggravated Punishment, etc., and Articles 319(1), 297 of the Criminal Act (a) and 257(1) (a) of the Criminal Act (a person who attempts to commit rape by intrusion upon his/her residence, choice of imprisonment with prison labor), and 257(1) (a)

2. Attempted mitigation of crimes under Articles 25(2) and 55(1)3 of the Criminal Act (limited to the crimes of intrusion upon residence in violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes);

3. Aggravation of concurrent crimes.