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(영문) 창원지방법원 마산지원 2017.07.07 2017고합28
성폭력범죄의처벌등에관한특례법위반(주거침입준강간)
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 a period of three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who works as the director of C Gyeongnam District, the animal drug supplier, and has become aware of the victim D (V, 26 years of age) as an employee of the trader.

At around 19:00 on January 4, 2017, the Defendant was aware of the fact that the Defendant had been accommodated in Helel 501 located in Changwon-si G, Changwon-si, Masan-si, with the employees of the trading company including the victim, and that he had been living in for a new year at around 19:00, the Defendant was willing to have sexual intercourse with other victims.

At around 22:30 of the same day, the defendant found the above telecom with the victim's male-child arrest, and opened the doors of 501 to the above telecom proprietor, and intrudes the door of 501 to the above telecom proprietor, which the above telecom proprietor opened the doors of 501 to enter the above 501, and thereby, the defendant attempted to keep the victim's chest, legs, elb, and elb with the victim under the influence of alcohol and flown away from the part of the victim, and to see the victim's chest, her chest, her el, her mb, and so on, put the victim's bridge on the victim's body and resistance the victim's body, and the victim did not attempted to enter the above 501 room.

Accordingly, the defendant tried to have sexual intercourse with the victim who is in a state of mental or physical loss by intrusion into the room possessed by the victim, but did not have attempted.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to D or I;

1. Response to a request for appraisal;

1. Investigation report (report accompanied by photographs and medical certificates), investigation report (Listening to the statement by the Hel business owner);

1. Application of statutes on site photographs;

1. Relevant legal provisions concerning the facts constituting an offense, and Articles 15 and 3 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes According to the Selection of Sexual Crimes, and Articles 319 (1) and 299 of the Criminal Act;

1. Articles 53 and 55 subparag. 1 subparag. 3 of the Criminal Act (the following grounds for sentencing) are as follows.

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