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(영문) 부산지방법원 2016.03.25 2015고합741
성폭력범죄의처벌등에관한특례법위반(주거침입강간)
Text

A defendant shall be punished by imprisonment for not less than two years and six months.

The defendant shall order the completion of a sexual assault treatment program for 80 hours.

Reasons

Criminal facts

On October 17, 2015, at around 06:25, the Defendant: (a) entered a “D” restaurant located in the Busan Yandong-gu, Busan Yandong-gu, with the victim E (here, 18 years of age) to see the room; and (b) entered the victim with the mind that rapes the victim; and (c) sealed the victim with the defect that he/she intends to come from the marc, and then pushed the victim into the marc, and corrected the marc, and “the victim flabed,” the Defendant corrected the marc.

Mali,

The closure of a bank shall be closed.

In order to raise the face to the victim who commits a threat, refusal to do so, and noise, the victim is close to the face, and is extending back to the part of the victim, but the victim spawds, such as spawd and sound, and as the victim spawds down, the victim spawds the head bonds of the victim and spawds the face of the victim one time by drinking, and the victim must not spawd like the width.

"A person who does not escape from the Republic of Korea" means a person who does not intend to escape from the Republic of Korea.

Accordingly, the Defendant attempted to rape the victim by impairing the room possessed by the victim.

Summary of Evidence

1. Statement of the defendant in the first trial record;

1. Statement made by the police for E;

1. Application of the Act and subordinate statutes to the investigation report (Evidence List 7);

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., Article 319 (1) of the Criminal Act, Article 297 of the Criminal Act;

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 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 to Order;

1. Article 47(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from an order to disclose or notify, the proviso to Article 49(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse (the defendant has no record of punishment for sexual crimes).

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