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(영문) 수원지방법원 안양지원 2019.05.24 2018고합178
성폭력범죄의처벌등에관한특례법위반(주거침입강간등)
Text

A defendant shall be punished by imprisonment for two years.

To order the defendant to complete the sexual assault treatment program for 40 hours.

Reasons

Punishment of the crime

Around 23:40 on August 23, 2018, the Defendant tried to get off the victim’s panty by cutting off the victim’s panty by hand with the victim’s leashing her body, coming to the front door of the front door of the front door of the front door of the front door of the front door of the front door of the front door of the front door of the front door of the front door of the front door of the front door of the front door of the front door of the front door of the front door of the front door of the front door of the front door of the front door of the front. The Defendant attempted to get off the victim’s her panty by taking off the victim’s her her leash with his her her her leash by cutting off the her her her upper part of the front door of the front door of the front door of the front door of the front door of the front. However, the victim was aware of the Defendant, and failed to fully refuse it.

As a result, the defendant invadedd the residence of the victim and tried to rape the victim, but did not have the intent to commit it with the wind to resist against the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. B Legal statement;

1. Partial statement of the suspect interrogation protocol of the accused by the prosecution;

1. Investigation reports (in relation to the diagnosis of a victim, and accompanying documents, such as a report on evaluation of criminal damage);

1. A gene appraisal report;

1. Application of statutes on site photographs;

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. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. The main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed;

1. Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Disclosure Order and Notice Order, and the Punishment, etc. of Sexual Crimes Exempted from Employment Restriction Order, the proviso to Article 49(1), the proviso to Article 50(1), and the proviso to Article 56(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse shall be punished for sex crimes, in addition to the instant case.

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