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(영문) 전주지방법원 2015.04.23 2015고합13
성폭력범죄의처벌등에관한특례법위반(주거침입준강간)
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 four years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who jointly operates the main points of the "D" in Jeonjin-gu Seoul Metropolitan Government, and the victim E (the age of 43) was a person who found to be a customer at the above main points. The defendant, around 01:00 on August 27, 2014, she reported the victim who did mixedly drinking at his/her main points to the main points of the defendant and expressed the victim as a drinking-friendly tool, while drinking the alcohol at the victim's house in the process of having the victim get the victim to gather by borrowing it from his/her full withdrawal.

On August 27, 2014, at around 02:00, the Defendant arrived at the victim's house F in Seocho-gu, Seoul Special Metropolitan City, and entered into the victim's house by dividing the front door password, which the victim is unsatisfed in the state of full intake. On the same day, at around 02:40 on the same day, the Defendant placed the victim from the victim's house and went back to his own seat.

Since then, the defendant, at around 03:30 on the same day, found the victim's house and tried to have sexual intercourse with the victim, after breaking off her panty and having confirmed that the victim had been unable to resist by drinking in the above house without the victim's permission. However, the defendant did not come to the place of his/her living together with the victim, and did not come to the wind to witness him/her.

Accordingly, the defendant had attempted quasi-rape.

Summary of Evidence

1. Defendant's legal statement;

1. Statement by the prosecution against victims E;

1. The police statement concerning G;

1. Investigation reports (victims, suspect ships, etc. by time), investigation reports (Attachment to video images of related persons, such as suspects);

1. Application of Acts and subordinate statutes around the victim's residence;

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 299 of the Criminal Act;

1. Discretionary mitigation Criminal Act;

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