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(영문) 수원지방법원 2017.10.12 2017고합537
성폭력범죄의처벌등에관한특례법위반(주거침입강간)
Text

A defendant shall be punished by imprisonment for three years.

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

Reasons

Punishment of the crime

On June 27, 2017, the Defendant opened a front door to the house of the victim D (the name, fring, 59 years of age) living in the wife population C at Chicago-si on June 27, 2017, and intrudes upon the victim's house, and the victim said that "the victim has discovered a person living in the side room" was said to be “the victim has been suffering from the victim's house.” In order for the victim to show the defendant, the victim was plucked to the math hand of the victim by plucking, plucking, plicking, and cutting down the victim's arms to the math, and the victim "if you want to do so, it is only called

The victim’s resistance is threatened by ruptureing the victim’s resistance by stating that the victim’s father is good and that he is off the victim by immediately leading the victim to the next warehouse.

After doing so, the victim tried to have sexual intercourse, but the victim's identity was threatened, and the crime was suspended and attempted.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Statement made by the police against D;

1. Application of Acts and subordinate statutes to field photographs, suspects and victim photographs;

1. Relevant Articles 15 and 3(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, the Punishment, etc. of Sexual Crimes on the Crime, Articles 319(1) and 297 of the Criminal Act, and the choice of imprisonment for a limited term;

1. Articles 53 and 55(1)3 of the Criminal Act (the following favorable circumstances deemed to be the grounds for sentencing) of the mitigated amount;

1. Article 62 (1) of the Criminal Act of the suspended execution (Article 62 (1) of the Criminal Act (Article 62 (1) shall be considered as follows;

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

1. Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from an order to disclose or notify, and the proviso to Article 49(1) and the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse (the Defendant’s age, occupation, family environment and social ties with no history of sex offense, the Defendant’s age, occupation, family environment and social ties, the details, circumstances, and results of the instant crime, which may be achieved due to an order to disclose or notify, shall be a sexual crime subject to registration.

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