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(영문) 울산지방법원 2017.08.31 2017고합180
성폭력범죄의처벌등에관한특례법위반(주거침입강간)
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 May 17, 2017, around 03:34, the Defendant returned to the head of the camp and camping in order to take the toilets while drinking alcohol together with drinking alcohol in 14, from May 17, 2017, around 03:3:34, and around 14, the Defendant was a victim F (the name, the 27-year age), this peta and diving.

In the past 7th term, the draft was introduced, and the victim was found to be divingd with the body of the body, and the victim was born to rape.

In other words, the defendant, entering a 14th curriculum, drinked to drink and drink, coming outside of 04:27 on the same day, and saw to rest in a toilet, and opened a entrance and open a gate and opened a gate and opened a gate, and was diving off the clothes, around 04:32 on the same day.

피해 자의 위로 올라 타 피해자의 입에 입맞춤을 하고 피해자의 목을 핥으면서 가슴을 만지고 피해자를 옆 침대로 데리고 갔다.

Therefore, in order to confirm who is the victim, the defendant tried to put the head of the defendant and open the body to the right part of the victim, but the defendant tried not to ask the face on the right part of the victim's right part, and the victim refused to engage in a sexual relationship, saying "I do not refuse to do so," and tried to have sexual intercourse with the victim even though I want to make it difficult to do so, and even if I do not resist, I did not go against the victim, but did not go against the victim's will to be dismissed from the victim's pet.

Accordingly, the defendant attempted to have sexual intercourse with the victim by infringing upon the victim's residence, but did not have such intent but did not commit an attempted crime.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police in relation to F and G;

1. Application of the statutes on video recording CDs in the instant field;

1. Relevant B and Articles 15 and 3 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes elective Crimes, Articles 319 (1) and 297 of the Criminal Act concerning the crime;

1. Article 53 of the Criminal Act for mitigation of amount;

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