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(영문) 청주지방법원 2013.07.26 2013고합35
성폭력범죄의처벌등에관한특례법위반(주거침입강간등)
Text

A defendant shall be punished by imprisonment for two years.

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

Around 05:10 on March 5, 2013, the Defendant: (a) entered into a plan with the entrance door of the office room of the office room of the office of the 303 person under the influence of alcohol, and (b) discovered the victim D (the 21 year old), who was under the influence of alcohol, and attempted to engage in sexual intercourse by causing the victim’s desire to take advantage of the victim’s scam and the scam and the scam and the scam of the chest by hand. However, even though the victim was under the influence of the locking, the victim was not able to escape from the scam and the scam and the scam of the chest.

Therefore, the defendant was attempted to have sexual intercourse with the victim by taking advantage of the victim's mental or physical condition of non-satisfy or non-satisfying.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. Each police statement made to D, E, and F;

1. An explanatory note;

1. Application of Acts and subordinate statutes on site inspection;

1. Article 14 and Article 3(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Amended by Act No. 11556, Dec. 18, 2012); Articles 319(1) and 299 of the Criminal Act concerning criminal facts;

1. Articles 25 (2) and 55 (1) 3 of the Criminal Act for statutory mitigation;

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. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. Where a conviction of the facts constituting the crime indicated in the judgment on the registration of personal information is finalized under Article 16(2) of the former Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Amended by Act No. 11556, Dec. 18, 2012), the Defendant is a person subject to registration of personal information pursuant to Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and thus, is obligated to submit personal information to the competent authority pursuant to

Article 47 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes.

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