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(영문) 수원지방법원 안산지원 2016.05.11 2015고합303
성폭력범죄의처벌등에관한특례법위반(주거침입강간)등
Text

A defendant shall be punished by imprisonment for two years.

The defendant shall be ordered to complete a sexual assault treatment program for 40 hours.

Reasons

Punishment of the crime

The Defendant, while having known the victim H (V, 67 years of age) who was living in neighboring areas and was leading a part of the normal frist, had the victim h, who was living in the same neighborhood and was living in the same place, had the victim her sexual desire.

1. On December 20, 2014, the Defendant forced indecent act: (a) around 18:00 on December 20, 2014, at the victim’s residence; (b) on the part of the victim I, the Defendant loaded a type of light on the part of the part of the victim I, which he was led by a flat sponsor; (c) found the victim easily; and (d) replaced the type of light by entering the victim’s residence; and (e) committed an indecent act by inserting his hand on the part of the victim, who was in front of the new sponsor, by inserting his hand into the part of the victim’s own seat; and (e) committed an indecent act on the part of the victim.

2. The Defendant attempted rape at around 20:00 on January 6, 2015, at the victim’s residence indicated in paragraph (1) of this Article, the victim’s dwelling entrance was set up, and the victim who misleads the Defendant into other neighbors opened an entrance, opened the entrance, and entered the house of the victim’s dwelling, and she exceeded the Defendant’s lower and panty, she laid off the victim’s lower and panty, she forced the victim to use it on the room, and forced the victim to have sound, and forced the victim to go out of the lower side of the victim’s inner part, and attempted to put the Defendant’s sexual organ into the sexual organ of the victim’s sexual organ from the rear side of the victim, but did not have led to an attempted crime.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement made by H in the second public trial records;

1. Statement made by J in the third trial records;

1. Application of Acts and subordinate statutes to some of the recording records on January 13, 2015

1. Relevant Article of the Criminal Act and Article 298 of the Criminal Act (the point of compulsory indecent act, the choice of imprisonment), Articles 300 and 297 (the point of attempted rape) of the Criminal Act concerning the crime;

1. Reduction of an attempted punishment: Article 25(2) and Article 55(1)3 of the Criminal Act (limited to an attempted rape);

1. The extent of the aggravated punishment under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act (the sum of the punishment imposed on the attempts to commit more severe rape) and the long-term punishment for the above two crimes.

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