logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원 안양지원 2012.12.07 2012고합318
성폭력범죄의처벌등에관한특례법위반(주거침입강간등)등
Text

A defendant shall be punished by imprisonment for three years.

However, the execution of the above punishment shall be suspended for four years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Public performance and obscene;

A. At around 16:00 on November 9, 201, the Defendant made a public presentation of whether many and unspecified persons, such as D Elementary School Grade 6 E, coming from the front of Seocho-gu Seoul Metropolitan Government C, were seen as having been in the front of the Defendant, and made a public obscenity act by making a sexual organ booms.

B. On November 30, 201, around 08:38, 201, the Defendant sent to an unspecified number of students who were enrolled in the F high school’s vicinity of the said D Elementary School, and made a publicly obscene act by leaving their sexual organ out.

2. On September 18, 2012, the Defendant: (a) committed rape at the H Publication Board where the Defendant living on the sixth floor of the Gu G Building in Ansan-si around 07:00, with the intent of having the door referred to in 611, residing in the victim I (the age of 31) appear; and (b) committed attempted rape without having the intent of having the victim interfered with the victim’s hands off all clothes that had been suffering after the intrusion under the above 611; and (c) attempted to keep the victim out of the body thirst to prevent the victim’s knife with a great sound, and continuously rape the victim’s knife with the victim’s knife with the victim’s knife, who had the victim’s knife that knife., the victim’s knife.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to I and J;

1. The K's statement;

1. Report on the place of crime, report on each occurrence of the crime (general), and report on the investigation; and

1. Application of each statute on photographs;

1. Relevant provisions of the Criminal Act and Article 245 of the Criminal Act concerning facts constituting an offense, and the choice of punishment, respectively, Articles 14 and 3 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, Articles 319 (1) and 297 of the Criminal Act;

1. From among concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act [within the scope of adding up the long-term punishments of crimes falling under the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes with heavy penalty];

1. Discretionary mitigation;

arrow