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(영문) 창원지방법원 통영지원 2013.10.24 2013고합93
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

At around 13:30 on September 20, 2013, the Defendant intruded into the vicinity of the “G”, which is the residence of the victim F(n, 40 years of age) in Silyoung, through the closed entrance.

The defendant wanted to provide safe water to the victim who has rarely been living in pulmonary tuberculosis and in a astronomical period of time, and tried to set the victim's clothes out of the victim's clothes and make him/her out of his/her body, and the victim's clothes were confined to the part of the victim's own body while taking the clothes of the victim.

After the defendant sits the victim on the floor, "I see that I am. I am. I am. I am. I am. I am. I am. I am. I am. I am. the defendant's sexual organ by force."

The Defendant continued to commit rape against the victim by threateninging the victim, such as “I am on the test. I am swe see. I am on. I am on. I am am on. I am am on. I am am............. am....... am on the floor. I am on the floor, am on the floor, am on the part of the victim’s body, ambling the victim’s neck and suppressing his resistance, and trying to rape the victim. However, the victim attempted to commit rape.

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

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to F, H, and I;

1. Application of Acts and subordinate statutes to a criminal investigation report, each investigation report (the hearing of a suspect H phone statement, the background leading up to reporting, etc., the hearing of the first reporter J phone statement, the hearing of the first reporter J phone statement, the hearing of the victim victim I first report, the posting of the Internet to G, which is the place of crime, the posting of the victim's residence and photographs adjacent to the place of damage), and the criminal investigation report (the confirmation of whether the victim

1. Article 15 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes concerning the relevant criminal facts and the selection of punishment therefor;

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