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(영문) 수원지방법원 2020.04.02 2019고합596
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 04:00 on July 1, 2019, the Defendant: E, “Around 04:00, the victim D (the name, the 49-year old age) was visited as a guest at an entertainment drinking house, and the victim, who had a usual sense with F, was engaged in drinking in drinking in the nearby restaurant by suggesting a drinking house. On the same day, at around 06:00 on the same day, the Defendant had been aware that the victim was willing to sleep in the said entertainment drinking house while the victim was in a drinking place, and was willing to drive in the said entertainment drinking house, and was willing to have sexual intercourse with the victim.

At around 06:00 on the same day, the Defendant got off the victim and tried to have the victim engage in sexual intercourse with the victim by breaking the knife of the entrance of the said main shop in front of and after the Defendant’s body, breaking the above entrance in front of and after the Defendant’s body, and breaking the entrance up up to the room installed inside the said main shop where the victim was able to take off the victim’s knife, leaving the victim’s knife, leaving the victim’s knife, leaving the victim’s knife, and making the victim knife the victim’s knife at the victim’s knife, but she did not go off the victim’s knife with the Defendant’s knife, knife the Defendant’s knife with the Defendant’s knife, and knife the victim’s knife.

Accordingly, the defendant attempted to have sexual intercourse with the victim by impairing the victim's residence, but did not have attempted to do so.

Summary of Evidence

1. Defendant's legal statement;

1. Each police interrogation protocol against the accused;

1. Each police statement made to D or F;

1. Each report on investigation;

1. Application of each photograph, CD (CCTV image data) statute;

1. Article 15 and Article 3(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and Article 319(1) and Article 31 of the Criminal Act concerning criminal facts;

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