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(영문) 대구지방법원 2014.02.21 2013고합448
성폭력범죄의처벌등에관한특례법위반(주거침입강간등)
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 three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On September 15, 2013, around 07:46, the Defendant found the victim E (23 years of age) returning home to the road located in Sinsan City, No. 5 hours in Sinsan-si, and brought about the victim’s sexual desire to commit rape.

At around 08:15 on the same day, the Defendant intruded the F studs of the Simsan-si, which is the victim's residence, through the entrance door, and tried to buck down with the victim's bucker by hand after getting out the house password in front of the above studio room room room, and she set off the victim's arms by hand, forced by putting one hand the victim's arms into the victim's arms, and forced by putting the victim's arms into the victim's arms, and forced by other hand fit the victim's bucks.

However, it has not been achieved by the wind that the victim gets off the names of the birth.

Accordingly, the defendant invadedd the victim's residence and attempted to rape the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. Examination protocol of the accused by prosecution;

1. Each police statement of E;

1. Each investigation report (the attachment of suspect photographs and urban railroad users before and after the commission of the crime, suspect photographs emitted from G apartment located in the residential area on the date of the occurrence of the case, attaching uniforms photographs worn at the time of the crime, attaching photographs of the place of the occurrence of the case, attaching photographs of the case), and applying Acts and

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 297 of the Criminal Act;

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 62 (1) of the Criminal Act (The following consideration shall be made again for the reason of sentencing);

1. Article 16(2), (3), and (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes against the Defendant and his/her defense counsel.

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