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(영문) 대구지방법원 2017.02.10 2016고합498
성폭력범죄의처벌등에관한특례법위반(주거침입강간등)
Text

A defendant shall be punished by imprisonment for three years.

However, the execution of the above sentence shall be suspended for a period of five years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On September 15:40 on September 15, 2016, the Defendant discovered a victim who had returned home in and around the home of the victim D (n, 29 years of age) located in Busan Metropolitan City, and tried to rape the victim by using hysinglying hys.

At around 15:50, the Defendant opened an unlocked gate before the victim’s house and intruded into the room, and laid down the two arms of the victim, which were only bleeped, in his hand, into the bottom of the lock.

The Defendant continued to leave the body of the victim, and prevented the victim from leaving the body with his body, and attempted to rape with the victim's bucks and bucks by hand. However, the Defendant did not go back with the victim's bucks and sucks, and the Defendant escaped without his intention because the victim resisted the name of the victim and broken the Defendant's chest.

Accordingly, the defendant invadedd the victim's residence and attempted to rape the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Report on internal investigation (the sequence 3,5 of evidence list);

1. Application of each statute on photographs;

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 319 and 297 of the Criminal Act;

1. Article 10(2) and Article 55(1)3 of the Criminal Act (see, e.g., Article 10(2) and Article 55(1)3 of the Criminal Act (see, e.g., Supreme Court Decisions

1. Article 62 (1) of the Criminal Act ( repeatedly considering the favorable circumstances);

1. Article 62-2 (1) of the Criminal Act on the community service order;

1. The main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Attend;

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 having been punished for a sex offense).

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