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(영문) 전주지방법원 군산지원 2013.07.12 2013고합61
성폭력범죄의처벌등에관한특례법위반(주거침입강간등)
Text

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

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

Reasons

Punishment of the crime

The defendant is a person at the construction site of DNA unmanned telecom, which is newly constructed in Gunsan City, and the victim E is the owner of the above unmanned telecom.

On February 25, 2013, at around 23:30 on February 25, 2013, the Defendant knew that the victim was able to sleeply in the above 2nd floor 219 room of the unmanned telecom, and infringed upon the victim’s entrance entrance and exit from all clothes using the guest room in advance, with the awareness that the victim was able to sleeply rape.

Accordingly, the victim's secret name, the defendant's body was pushed by the victim's escape, and the defendant suffered from escape was pushed by the victim's body, and the victim frighted to the escape was "the victim frighted, soon," but the defendant continued to put the victim's hand, "the defendant was frighten from the beginning, 6 months, shot, shot, and shot." The defendant was frightd from the 219 room to the 219 room and led the victim to the other guest room.

I would like to say, "Irre the Dorge Dor Dor Dor Dor Dor Dor," and the victim was pushed down with 219 rooms.

As above, the Defendant attempted to suppress and rape the victim’s resistance. However, the Defendant did not commit an attempted crime but failed to close the door to prevent the Defendant from entering the 219 room while the victim was married.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of each police statement of E;

1. Application of Acts and subordinate statutes to report on investigation (Attachment to the scene of a case and photographs adjacent thereto);

1. Article 14 and Article 3(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Amended by Act No. 11556, Dec. 18, 2012; hereinafter the same shall apply), Article 319(1) of the Criminal Act, Article 297 of the former Criminal Act (Amended by Act No. 11574, Dec. 18, 2012);

1. Articles 25 (2) and 55 (1) 3 of the Criminal Act for statutory mitigation;

1. Article 62(1) of the Criminal Act:

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