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(영문) 의정부지방법원 2017.10.19 2017고합293
성폭력범죄의처벌등에관한특례법위반(주거침입강간)
Text

A defendant shall be punished by imprisonment for not less than two years and six months.

To order the defendant to complete a sexual assault treatment program for 40 hours.

Reasons

Punishment of the crime

The defendant is a person who operates a restaurant and a private house in Macheon-si C.

At around 06:00 on May 11, 2017, the Defendant: (a) knew that the victim E (n, 48 years of age) went home and is a married person after drinking and drinking alcohol on the preceding day; (b) opened the entrance door of the room No. 3; (c) led the victim to suppress the victim’s resistance by breaking up the victim’s hand; and (d) tried to commit rape by gathering the son’s hand into the victim’s panty, by gathering the son’s hand on several pantys; and (e) by gathering the son’s hand into the victim’s panty; (c) however, the Defendant tried to rape the victim from the injured person, “a coffee wrap.”

“In the course of having the injured party drink a coffee upon the request of “,” the injured party attempted to commit the act on the wind coming from the injured party.

As a result, the defendant invadedd the room possessed by the victim and tried to rape the victim, but did not bring about the intent.

Summary of Evidence

1. Partial statement of the defendant;

1. Partial statement concerning the suspect interrogation protocol of the defendant by the prosecution;

1. Statement made by the police for E;

1. Recording notes;

1. Each investigation report (in this Chapter, F telephone conversations for witnesses, and G telephone conversations for witnesses) (the defendant and his defense counsel acknowledged the facts charged of this case while recognizing the whole of the facts charged of this case, it is sufficiently recognized that the defendant and his defense counsel asserted that there is no fact that they are fluent by breaking up the victim or putting the victim's hand into the panty, and that there is no fact that this court legitimately adopted and investigated the victim's statement. In particular, according to the victim's statement, it is sufficiently recognized that the defendant was placed on the part of the victim's own room without the victim's permission, who caused the victim's physical build-up, and knick up the victim's chest, and knick up with the victim's panty.

The accused shall be on his own protection.

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