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(영문) 대전지방법원 천안지원 2018.02.21 2017고합239
성폭력범죄의처벌등에관한특례법위반(강간등치상)
Text

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

However, the above sentence shall be executed for a period of four years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On July 29, 2017, around 21:00, the Defendant opened a gate that was not corrected at the office of the victim D (V, 61 years of age) located in Nam-gu, Nam-gu, Nam-gu, Seoul, and intruded into the house, and had the victim locked with the inner clothes in order to report rape and rape.

The Defendant, after his retirement from his body, forced the victim's resistance to the victim's body, and tried to have sexual intercourse with the victim's panty.

However, the victim, who was frighted, frightened, frightened, frightened, frightened, frightened, and frightened by the defendant upon the request of the defendant to " frighten.", the defendant accepted the frighten, and failed to bring the frighten in the wind.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Legal statement of the witness D;

1. Application of Acts and subordinate statutes of each police statement protocol to E and F;

1. Relevant legal provisions concerning facts constituting an offense, and Articles 15 and 3 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Aggravated Punishment, Etc., and Articles 319 (1) and 297 of the Criminal Act;

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1. Article 62 (1) of the Criminal Act on the suspended execution (Article 62 (1) of the Criminal Act on the following grounds for sentencing);

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

1. Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from disclosure and notification orders, the proviso to Article 49(1) and the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse (an order to disclose or notify the registered information may have a significant impact on the defendant, and thus, it is necessary to pay careful attention.

There is no criminal history against the defendant, and in this case, it is reasonable to reduce the risk of recidivism through the registration of personal information and the lecture of sexual assault treatment.

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