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(영문) 의정부지방법원 2016.09.21 2016고합189
성폭력범죄의처벌등에관한특례법위반(주거침입강간등)
Text

A defendant shall be punished by imprisonment for not less than two years and six months.

Reasons

Punishment of the crime

The Defendant, from around 18:00 on May 4, 2016 to 18:20 on the same day, entered the victim’s house (n, 85 years of age) to the inside of the victim’s house, and intruded the victim’s house in both cities E, and opened the victim’s house, she was placed on the bed, lying the victim into the bed, lying the victim’s bed, she was cut off on the part of the bed, she did not go against the victim’s son and female she she was shed, and she did not go against the victim’s sound going through the victim’s body and tried to rape.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. The investigation report (place of occurrence - the CCTV before the arrest of the suspect - the place of occurrence 202 - the place of occurrence - the investigation report (the 202 adjacent to the said 202 - the CCTV), the investigation report (the CCTV from the G to H), the investigation report (the place of arrest - 108 - the CCTV), the investigation report (the form at the time of arrest of the suspect and the arrival at the time of committing the crime), the investigation report (the addition to the victim's photograph); and

1. Relevant legal provisions concerning facts constituting an offense, and Articles 15 and 3 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Aggravated Punishment, Etc., and Articles 319 (1) and 297 of the Criminal Act;

1. Articles 53 and 55(1)3 of the Criminal Act for mitigation of amount (which has grounds to consider the commission of a crime)

1. In light of the overall circumstances, such as the proviso to Article 21(2) of the Act on the Protection of Children and Juveniles against Sexual Abuse, the proviso to Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (the Defendant, with Chinese nationality foreigners, is highly likely to be forced to leave abroad after the completion of punishment pursuant to the Immigration Control Act and the Enforcement Rule of the same Act, there are special circumstances in which the Defendant is unable to impose an order to complete a program on the Defendant;

[Determination]

1. Article 47(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from disclosure and notification order of registered information, and Article 49(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse.

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