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(영문) 춘천지방법원 강릉지원 2018.09.20 2018고합67
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

At around 18:00 on July 18, 2018, the Defendant: (a) had a mind to raped the Victim C (the name, the age of 64) and had not been corrected in the house of the victim located in D at the same time; (b) had intruded into the kitchen entrance, which was not corrected in the house of the victim; and (c) had the victim who was mixed in the inside of the inside, “the width is overwork, the age of her, the age of 64, and the victim was her one time.

The term "" means lying a victim into the floor of a mound, which is located on the floor of the victim.

Then, even though the victimized person resisted by the Defendant’s clocking the Defendant at the time of her clock, he taken the shoulder of the victim as a hand, laid off the victim’s stroke and panty, cut off the victim’s stroke, cutting off the stroke, cutting off both the victim’s chests immediately, cutting off the victim’s chests into the part of the victim’s sound, and attempted to put the Defendant’s sexual organ into the part of the victim’s sound, but failed to bring the Defendant’s sexual organ into the part of the victim’s sound, but failed to bring the victim’s sexual organ into the part of the victim’s sound.

Accordingly, the Defendant attempted to rape the victim by impairing the victim's residence, but attempted to commit such rape.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement protocol against C and E;

1. Application of the Acts and subordinate statutes to report internal investigation (the appearance of a victim, such as his/her residence);

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 an order for disclosure, notification, and restriction on employment, 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, the former Act on the Protection of Children and Juveniles against Sexual Abuse (hereinafter “former Act”).

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