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(영문) 춘천지방법원 강릉지원 2014.09.04 2014고합33
성폭력범죄의처벌등에관한특례법위반(주거침입강간등)
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 three years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

The defendant is suffering from mental falchissis and resides in the next house of the victim C (V, 39 years of age).

At around 05:00 on March 11, 2014, the Defendant classified the body race of the victim in Gangnam-si D and 203 dong, and the victim opened a door to “Imson?” and the victim “Imson’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son?”

Therefore, even though the victim was prevented from entering the court room, the defendant exceeded his body and entered the room, and she saw the victim as “nicking off the clothes”, and saw the victim as “nicking off the clothes”, and opened the victim’s body above the body of the victim.

After that, the victim tried to commit rape when the victim escaped from the defendant's house and coming out of the house, and the defendant tried to commit rape by using the victim or sparing the victim, but the victim attempted to commit an attempted rape by leaving the victim's house, but the mother of the defendant, who was in the defendant's house, was living outside of the victim's house and sparing the defendant into the house.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement regarding C;

1. Application of statutes on site photographs;

1. Relevant Articles 15 and 3 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and the elective Punishment, etc. of Sexual Crimes, Articles 319 (1) and 297 of the Criminal Act;

1. Article 25 (2) and Article 55 (1) 3 of the Criminal Act for mitigation of attempted crimes;

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

1. Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from the disclosure order and notification order, the proviso to Article 49(1) and the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, recognize the instant crime and mislead the Defendant.

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