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(영문) 수원지방법원 2013.12.03 2013고합621
성폭력범죄의처벌등에관한특례법위반(특수강도강간등)
Text

A defendant shall be punished by imprisonment for five years.

The information on the accused shall be disclosed through an information and communications network for five years.

Reasons

Criminal facts

및 부착명령 원인사실 【범죄사실】 피고인은 2013. 9. 10. 00:20경 수원시 권선구 C원룸 103호 피고인의 집에서 혼자 소주를 마신 후 잠시 바람을 쐬러 나갔다가 갑자기 성적 욕구가 생겨 그 부근에 있는 다른 사람의 집에 침입하여 여성을 강간하기로 마음먹었다.

Therefore, while the Defendant was found to block the commission of crime, the Defendant, at around 00:45 on the same day, entered the family of the victim E (Inn, 59 years of age) located in Suwon-si, Suwon-si, through a entrance that had not been set up, and intruded into the inner bank by wearing a copy of the farm wall prepared in advance to the left hand.

While the Defendant, at the right side of the victim who was divingd from the above inside floor, was frightened by the victim's chest and bridge by hand, the Defendant attempted to rape the victim by suppressing the victim's resistance by suppressing the victim's resistance, such as the victim's shouldered from the lock, blocking the victim's humf with his/her shoulder, and enjoying the victim's bridge, but the Defendant did not commit an attempted crime, even though he/she did not go through the wind that the victim continued to salve and resisted with the sound, and resisted with the wind.

【The Facts constituting the crime of this case’s crime of violation of the Act on the Punishment of Sexual Crimes and Protection of Victims thereof, etc. at the Gangnam Branch of the Chuncheon District Court on June 10, 2003. The person subject to a request to attach an attachment order was sentenced to imprisonment of 2 years and 6 months and again committed the crime of this case within 10 years after the completion of the execution of the sentence. The person subject to a request to attach an attachment order was found to have committed the sexual crime on two or more occasions, and was likely to recommit the sexual crime in light of the circumstances and method of the crime,

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Police seizure records;

1. The scene of crimes, photographs of victims, photographs related to the movement routes of suspects, and new photograph worn by suspects;

1. A criminal investigation report (report on the results of comparison of an on-site scopical trace);

1. A previous conviction in judgment:

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