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(영문) 수원지방법원 안산지원 2013.08.23 2013고합181
성폭력범죄의처벌등에관한특례법위반(주거침입강간등)
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 01:00 on June 29, 2013, the Defendant was interested in the victim D (man, 30 years of age) living in the same apartment immediately above the apartment, left the victim under the influence of alcohol at the defendant's home, and invaded the victim's house by getting out of the defendant's house and getting into the victim's house with an opportunity to imprison his house and getting out of the victim's house.

After that, the Defendant, after having installed a living room or an inside room, confirmed the her being mixed with a victim in the house, and, after having taken care of the her hand ( approximately 20 cm in total length, approximately 12 cm in length on the day) that was living in the west of the living room, the Defendant was peeped with an opportunity to conceal the victim after the opening of the gate at the small location of the victim.

At this time, the victim listened to sound coming from the ward and the main room, seeed the defendant, and seeed the defendant, the defendant, and the defendant threatened the victim with “debrising, mathing,” and prevented the victim from suffering by hand.

Accordingly, the victim attempted to rape by putting the victim into the small bend, making it difficult for the victim to resist and resist the left hand of the defendant's left hand and right hand, leaving the victim into the small bend, but the victim failed to complete his body fighting by saying "I will not be able to make a report. There is CCTV in the ward. There is no report.. There is CCTV in the ward."

As above, the Defendant attempted to rape the victim by impairing the victim’s residence, but attempted to commit such rape.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement concerning D;

1. Investigative reports (to hear statements from victims);

1. Records of seizure and the list of seizure;

1. Application of Acts and subordinate statutes to the investigation report (as to the contents of conversation recording with the suspect submitted by the victim), such as virtual photographs, field pictures, etc. held by the suspect, investigation report (as to the statement F by the suspect mother), investigation report (as to the statement

1. Relevant Articles of the Act and the choice of punishment concerning the facts constituting the crime;

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