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(영문) 대전지방법원 서산지원 2014.08.21 2014고합63
성폭력범죄의처벌등에관한특례법위반(주거침입강간등)등
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 four years from the date this judgment becomes final and conclusive.

Reasons

Criminal facts

1. A defendant violating the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, etc. of Sexual Crimes, committed at around 04:0 on April 7, 2014, in front of the gathering of the victim F (or 20 years of age) in Seosan City E, with the victim F (or 20 years of age), with the victim’s home, who had been aware of drinking with the former victim and his/her visitors, in order to rape the victim.

The Defendant: (a) entered the victim’s front door door password and opened the victim’s door door door; (b) went off the victim’s panty and panty, forced the victim’s chest and panty; and (c) prevented the victim from resisting by dividing the victim’s body into the victim’s body; and (d) tried to put the victim’s sexual organ into the victim’s sound into the victim’s sound part; (b) did not go against the victim’s resistance, but did not go through the victim’s attempt to put the victim’s body into the victim’s secret.

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

2. The Defendant, in violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (hereinafter “Act”), took the body part of the victim’s body against his will, as described in paragraph (1), by inserting his own cellular phone in his/her joint book at the time and place, making the victim take a part of the victim’s inner part of the victim’s cell phone toward the bed, and making the victim take part of the victim’s inner part of the victim’s body, which may cause a sense of sexual shame, and by photographing his/her inner part of the victim’s inner part

Summary of Evidence

1. Defendant's legal statement;

1. Statement made by the police of the F;

1. Records of seizure and the list of seizure;

1. A written request for digital evidence analysis;

1. Application of the Acts and subordinate statutes to Defendant mobile phone, textbook photographs, and clothes photographs of Defendant;

1. Relevant Articles 15 and 3(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, Articles 319(1) and 297 of the Criminal Act (the point of attempted rape and the choice of limited imprisonment) concerning criminal facts, and special cases concerning the punishment, etc. of sexual crimes.

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