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(영문) 대전지방법원 천안지원 2014.06.11 2014고합77
성폭력범죄의처벌등에관한특례법위반(주거침입강간등)
Text

A defendant shall be punished by imprisonment for two years.

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

On December 28, 2014, at around 00:12, the Defendant: (a) marbling a mixed friendly acid on the street before the main entrance of “D” located in Asan City; (b) discovered the victim E (one’s life, 32 years old); and (c) opened the victim’s body at approximately 338 meters away from Asan City F; and (d) stated that the victim was in mind; (c) reported that the victim went into the entrance of the building immediately before the entrance is closed, the Defendant went into the entrance of the building before the entrance to close the victim’s door; (d) opened the door by force of the victim to close the victim’s front door; and (e) opened the victim’s body with the victim’s body sealed; and (e) forced the victim’s body to break out; and (e) divided the victim’s body into the rear part of the victim’s body and forced the victim’s body to break out; and (e) divided the victim’s body into the latter part of the building.

In this regard, the defendant invadedd the victim's residence and tried to rape, but did not commit an attempted crime.

Summary of Evidence

1. Defendant's legal statement;

1. The statement prepared by a judicial police officer in relation to E, and the statement prepared by an assistant judicial police officer in relation to G;

1. A statement prepared by H;

1. The examination report of the occurrence of the case, the report of the E's photograph, the recording of the records, the investigation report (the first witness verification), and the application of Acts and subordinate statutes to the investigation report (the telephone investigation of the situation at the time of the victim);

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) of the Criminal Act for mitigation of attempted crimes

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