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(영문) 대전지방법원 2013.12.05 2013고합295
성폭력범죄의처벌등에관한특례법위반(주거침입강간등)등
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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 three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. The Defendant violated the Act on the Punishment, etc. of Sexual Crimes (Housing Rape, Rape, etc.) was a person who resides in 403, Seo-gu, Daejeon, Seo-gu, Daejeon, and returned home on July 11, 2013, after drinking alcohol to the above publicly notified telecom on July 11, 2013, who opened a visit and opened a visit to the second floor exclusively for women of the elderly.

On the same day, at around 02:45, the Defendant came into the 2nd floor of the said public notice line, and went into the room by getting out of the entrance, which is located in the place of the victim F (21 years of age, in the middle of the said public notice line), and tried to have sexual intercourse with the victim by getting up on the part of the victim, who was divingd above, and prevented the victim from suffering with his hand. However, the Defendant did not intend to have the victim by getting out of the lock, with the face of the Defendant, with the face of the victim, and protested against him.

2. The injured Defendant, at the time and place of the above paragraph (1) above, opened a visit and escaped when the victim frighted back to the flash, and the flashed. However, the victim flashed by a corridor, caused the victim to have his arms attached to the Defendant, shouldered his knife his knife and knife his knife and head, caused the victim to have approximately 5 to 6 knife his knife in need of approximately 3 weeks of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. F’s legal statement (a statement that he was off the Defendant’s seat and on his upper part. According to this, the Defendant started his behavior that can be called the means of sexual intercourse by searching on the part of the victim who was off his seat of his seat, and thus, it is deemed that the Defendant started the commission of the crime of quasi-rape.)

1. On-site CCTV photographs, photographs of victims, and images of victims;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Relevant Articles 15 and 3(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and Article 319(1) of the Criminal Act (influence upon residence) concerning criminal facts;

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