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(영문) 인천지방법원 2018.06.15 2018고합74
성폭력범죄의처벌등에관한특례법위반(주거침입강간)등
Text

A defendant shall be punished by imprisonment for three years.

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

Reasons

Punishment of the crime

1. On January 9, 2018, the Defendant was willing to commit an indecent act against the mixed victim at the E convenience store working as the employee of the victim D (inns, 22 years of age, 22 years of age) located in Bupyeong-gu Incheon Metropolitan Government, Bupyeong-gu, Incheon on January 9, 2018.

In calculating the value of the defendant, the defendant laid down the left hand of the victim's chest by inserting it into the upper part of the victim's own damage.

Accordingly, the defendant committed an indecent act against the victim D by force.

2. On January 9, 2018, the Defendant committed rape in violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Rape in Residence) with a view to committing rape against a female who intrudes on a Ftel in Bupyeong-gu Incheon, Incheon on the ground that he/she would take the first race by an influence and open the entrance.

On the same day following the date when the Defendant intruded into the said officetel through a joint entrance with no locking device, at around 21:20 on the same day, the Defendant opened a string door to the first class 8th floor operated by the Victim G (M, 41 years old) located in the said officetel, and tried to rape the victim by threatening the victim from the main machine to “influor,” by threatening the victim to “influor,” and by threatening the victim to “influor,” and by threatening the victim to “influor,” but the victim did not have sexual intercourse with the wind that the Defendant escaped with his hand.

Accordingly, the defendant invadedd a residence and attempted to rape the victim G.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police in relation to D (tentative name) and G;

1. One CD in the primary crime place, CCTV photographs, and CCTV images at the crime place;

1. Application of seizure records and statutes concerning the list of seizure;

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. of Sexual Crimes, Articles 319(1), 297 of the Criminal Act (the attempted crime of intrusion upon residence, the choice of imprisonment with prison labor), and Article 298 of the Criminal Act (the fact of forced indecent conduct, the choice of imprisonment with prison labor)

1. Article 37 (former part of Article 37, Article 38 (1) 2 and Article 50 (Concurrent Punishment) of the Criminal Act shall be more severe.

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