(영문) 수원지방법원 성남지원 2019.08.29 2019고합113

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(영문) 수원지방법원 성남지원 2019.08.29 2019고합113

성폭력범죄의처벌등에관한특례법위반(주거침입강간)등

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A defendant shall be punished by imprisonment for three years.

The defendant shall be ordered to complete the sexual assault treatment program for 40 hours.

Reasons

Criminal facts

1. On May 10, 2019, the Defendant violated the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Rape in Residence) came to the residence of the victim C (a Gain, doer, 63 years old) who is the head of the Si/Mannam-si, Sungnam-si, about 22:00, and tried to put the Defendant’s sexual organ into the part of the victim, but failed to commit an attempted act because it did not cause the Defendant’s sexual organ into the part of the victim, by intrusioning the inside the house through the window, leading the victim to the inside, leading the victim to the outside, and cutting off the victim’s clothes.

Accordingly, the defendant invadedd the victim's residence and attempted to rape the victim.

2. The Defendant attempted to rape the victim and attempted to commit rape, as stated in paragraph (1), and then “her wife out of his/her hair” took the horses of the victim, and attempted to take the victim back to the guest rooms of the D Building E head of the Si/Gun/Gu, Sungnam-si on May 10, 2019, on the part of the victim, and forced the victim to leave the victim, and then put the victim away from the victim’s clothes, and then put the Defendant’s sexual organ into the part of the victim’s sound, but the Defendant failed to complete the rape and attempted to take the victim’s sexual organ into the part of the victim.

3. A defendant who violates the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Ameras, etc. of Sexual Crimes) committed rape and attempted rape, as set forth in paragraph (2), and then divided a photographer of the victim into a mobile phone to photograph the victim’s photograph with the Defendant’s cellular phone, but the defendant committed an attempted rape without reaching the wind of the cellular phone due to the difference of the exhauster.

Summary of Evidence

1. Partial statement of the defendant;

1. C’s legal statement;

1. A protocol of examination of part of the defendant by prosecution;

1. Prosecution C and police statement of C

유사 판례

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-수원지방법원안산지원 2020.10.16 2020고합175

-대구지방법원 서부지원 2012.11.15 2012고합376