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(영문) 인천지방법원 2013.05.31 2013고합193
성폭력범죄의처벌등에관한특례법위반(주거침입강간등)
Text

A defendant shall be punished by imprisonment for two years.

The defendant shall be ordered to take a lecture for sexual assault treatment for 40 hours.

(b) the defendant;

Reasons

Punishment of the crime

On November 12, 2012, at around 00:03, the Defendant was working with DNA telecom 206 located in Seo-gu Incheon, Seo-gu, Incheon, where the Defendant was accommodated, and the entrance of 202 of the same floor was opened at the entrance, and discovered a new female combustion in the entrance, and had the mind to rape women in 202.

The Defendant opened 202 entrances, opened inside the room, and laid off the clothes, and followed by one hand from the victim E (n.e., 17 years of age), and laid down the victim’s chest and brogate to the breast, and her chest by one hand, and her chest. The victim tried to set off her arms, so far as her arm’s length is unfolded, and suppress her resistance, but the victim was able to her very low resistance, and she escaped from the entrance, and the president of the her televis 202.

Accordingly, the Defendant attempted to rape the victim by intrusion into the room possessed by the victim, but attempted to commit an attempted rape.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of E;

1. Application of Acts and subordinate statutes, such as telecom Ctv photographs and photographs (Evidence List No. 25)

1. Relevant Articles 14 and 3 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and Special Cases concerning the Punishment, etc. of Sexual Crimes in Selection of Punishment, etc., Articles 319 (1) and 299 of the Criminal Act;

1. Articles 25 (2) and 55 (1) 3 of the Criminal Act, which are 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 13 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. Article 38 (1) 1 of the Act on the Protection of Children and Juveniles against Sexual Abuse who are ordered to disclose;

1. Where a criminal facts in the decision to register and submit personal information under Article 38-2 (1) 1 of the Act on the Protection of Children and Juveniles against Sexual Abuse are finalized, the defendant is a person subject to registration of personal information pursuant to Article 33 of the Act on the Protection of Children and Juveniles against Sexual Abuse.

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