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(영문) 광주지방법원 순천지원 2017.05.11 2016고합274
성폭력범죄의처벌등에관한특례법위반(절도준강간)
Text

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

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 November 19, 2016, around 04:43, 2016, the Defendant confirmed that the victim E (V, 20 years of age) was entering the apartment site in front of “D,” and that he was entering the apartment site in front of the top of “D,” and that he was living together with the male-child seat, and that he was entering the said apartment site, which is the victim’s residence, the victim’s residence, and that the victim was entering the said apartment site. On the same day, around 04:50 on the same day, the Defendant confirmed that the window behind the said residence was not corrected, and confirmed that the window behind the said residence was not corrected, carried with a plastic box, followed it, and invaded into that apartment site through the said window.

The Defendant: (a) entered a small room where the victim was divingd, and then cut panty, and brode one of the market prices owned by the victim in the west, each of which is approximately KRW 60,000 won in total; and (b) stolen them by putting them into his clothes; (c) discovered that the victim is being able to resist, and confirmed his her her brogate, and then she was locked, and then tried to have sexual intercourse with the victim by putting him her out into the inside of the victim’s inner part, and making him her out his brogate, while the victim tried to have sexual intercourse with the victim by putting him her out of his brogate in the victim’s inner part, and then she did not have been able to escape from the wall of the above dwelling, through the window of the beada.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to E and F;

1. On-site photographs;

1. Seizure records;

1. Application of Acts and subordinate statutes to a investigation report (in the field, attaching external photographs, attaching C CCTV images, and attaching CCTV images to control centers);

1. Relevant legal provisions concerning 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 330 and 299 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 same Act (The following extenuating circumstances shall be considered for the reasons for sentencing);

1. Article 62 (1) of the Criminal Act on the suspended execution (Article 62 (1) of the Criminal Act on the following grounds for sentencing);

1. Orders to attend lectures, the protection and observation, and orders to provide community service;

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