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(영문) 수원지방법원 안양지원 2014.07.09 2014고합57
성폭력범죄의처벌등에관한특례법위반(주거침입강간등)
Text

A defendant shall be punished by imprisonment for three years.

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

Reasons

Punishment of the crime

On April 8, 2014, around 07:50, the Defendant opened a gate that was not corrected and intruded into the bank where the victim was able to sleepd.

The Defendant: (a) had been able to rape the victim who was able to sleepd with clothes in the inside; (b) had the victim unable to resist the victim’s body; (c) had his fingerd with the victim’s clothes attached to the victim’s body; (d) had the knished her breast with the victim’s clothes; and (e) had the victim collected her chest with her inside the victim’s entrance, and attempted to rape the victim

However, the victim did not commit an attempted crime because the victim gets the head of the defendant's body and string the defendant's body and string the defendant's body, and did not commit an attempted crime.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of Acts and subordinate statutes to a report on investigation (Attachment of On-Site photographs);

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

1. The grounds for sentencing under Articles 47(1) and 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes against Sexual Crimes, and Articles 49(1)2 and 50(1)2 of the Act on the Protection of Children and Juveniles against Sexual Abuse, include the following: (a) the crime of this case is committed by a defendant who intrudes on his/her home and attempted to rape; (b) the crime of this case is likely to have been committed; (c) the criminal act of this case is likely to have suffered serious mental impulse and pain; and (d) the defendant has been punished as a crime of violating the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and Protection of Victims thereof even before the instant case.

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