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(영문) 광주지방법원 2015.01.14 2014고합608
성폭력범죄의처벌등에관한특례법위반(주거침입강간)
Text

A defendant shall be punished by imprisonment for three years.

To order the defendant to complete a sexual assault treatment program for 80 hours.

Reasons

Punishment of the crime

On October 9, 2014, the Defendant: (a) opened a gate that was not corrected in the house of the victim C (n, 14 years of age) located in the Jeonyang-gun, Jeonyang-gun, and invaded into the house, and (b) assaulted the victim with the head debt of the victim who resisted “one time.” (hereinafter “the victim’s head debt”) and towed it into the bet the bet the bet, and pushed the bet the victim’s resistance, and attempted to rape after suppressing the victim’s resistance; (c) however, the Defendant attempted to rape by assaulting the victim’s resistance; (d) the victim’s escape was completely refused; and (e) the escape was attempted by the toilet with the wind.

Summary of Evidence

Criminal facts in holding

1. Any statement made by the defendant in compliance with this Act;

1. A statement made by the assistant judicial police officer in relation to C of the statement;

1. To make entries fit to the 112 Reporting Case Handling List prepared by a senior judicial police officer;

1. Since it can be recognized by comprehensively taking account of the investigation reports (field photographs) prepared by the assistant judicial police officer and records suitable for them, there is proof.

Application of Statutes

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. According to the records, the following facts can be acknowledged according to the reason for sentencing of the main sentence of Article 21(2) of the Act on the Protection of Children and Juveniles against Sexual Abuse.

1. The Defendant, as a village resident like the victim, was living in a place where approximately 60 meters away from the victim’s house, and went through a usual path, and was aware of the victim.

The Defendant, around the time of the occurrence of the instant crime, performed drinking in village pawn, frightened the victim’s house, frightened after drinking water, and went to the victim’s house, and committed the instant crime against the victim who was mixed in the house.

2. After committing the crime, the circumstantial victim shall be punished by the defendant.

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