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(영문) 대전지방법원 2014.07.01 2014고합103
성폭력범죄의처벌등에관한특례법위반(주거침입강간등)
Text

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

The defendant shall complete 40 hours of sexual assault treatment program.

Reasons

Punishment of the crime

On December 5, 2013, at around 11:45, the Defendant: (a) was aware of the fact that the victim E (n, 46 years of age) was living in front of the D Apartment apartment of Daejeon-gu, Daejeon-gu, and (b) was aware of the fact that the victim E was living in his house with his own 3rd floor of the above apartment, and (c) was aware of the fact that he was living in the house, and was willing to rape the victim.

The Defendant immediately opened a string door and opened up to the inner door of the victim, and forced the victim's chest by hand, and opened a string of the victim's chest by hand, opened a string of the part of the victim, and opened a string of the part of the victim who tried to be exempted from the string, but the victim resisted the string of the string and left the string of the string of the string of the string, and was not aware of the string of the string of the string of the string of the string of the string, and did not bring the string of the string of the string of the string."

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

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness F and G;

1. Statement of each police statement of E and H;

1. Application of statutes on site photographs;

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. Article 25 (2) and Article 55 (1) 3 of the Criminal Act for mitigation of attempted crimes;

1. Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed;

1. Determination as to the assertion by the Defendant and his/her defense counsel under Articles 47(1) and 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes against Sexual Crimes, Articles 49(1) and 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse

1. The summary of the argument is that the defendant entered the victim's house on the date of the charge of this case, but the victim enters the victim's house to write his name and hand over, and the victim is living together.

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