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(영문) 전주지방법원 군산지원 2016.02.18 2015고합120
성폭력범죄의처벌등에관한특례법위반(주거침입강간)
Text

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

The defendant shall be ordered to complete a sexual assault treatment program for 80 hours.

Reasons

Punishment of the crime

On November 2015, the Defendant came to know of the victim D (the age of 44) through C, which is the seat of the Defendant, around the end of November, 2015.

On December 2, 2015, the Defendant demanded to open a door at the victim's house located in the E Apartment E apartment unit in the Gunsan-si, Masan-si, but the Defendant went into the victim's house and intrudes into the victim's house through the victim's benda, which is likely to be rejected by the victim, and the damaged person called the above C, and the victim called the above C to “as soon as possible.”

“In doing so, after cutting the victim’s telephone, she was cut off, she did not tightly her female, she did not tightly her body and her body, and tried to rape the victim, but she did not come to the wind of the victim, upon arrival at the site by the above C, who was contacted with the victim, she did not commit an attempted crime.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to D or C;

1. Application of statutes on site photographs;

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. Articles 53 and 55(1)3 of the Criminal Act (see, e.g., Supreme Court Decisions 53 and 55(1)3 (see, e.g., Supreme Court Decision 200

1. Where a conviction becomes final and conclusive on the facts constituting the crime of sexual assault crime subject to the registration of personal information under the main sentence of Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order, the Defendant becomes a person subject to registration of personal information pursuant to Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and is obligated to submit personal information to the competent

There is no history of a sex offense against the defendant with regard to the disclosure order and notification order, and only the circumstances shown in the background or record of the crime in this case are likely to lead the defendant to commit a sexual assault crime or to recommit the sexual assault crime.

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