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(영문) 서울중앙지방법원 2014.03.18 2013고합1409
성폭력범죄의처벌등에관한특례법위반등
Text

A defendant shall be punished by imprisonment for three years.

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

Reasons

Criminal facts

On August 4, 2013, at around 05:49, the Defendant found the victim D (here, 23 years of age) who returned home in Gwanak-gu in Seoul Special Metropolitan City, and tried to rape the victim, followed by the victim, and intruded with the victim into the 1st floor door door prior to the opening of the door where the victim wants to enter the 1st floor door door door, and then opened the door and re-enter the door into the stud door door door door of the victim before the studio door in which the victim resides, according to the stairs, the Defendant attempted to rape the victim by driving the studs of the victim from the back of the studs room room of the victim before the studio door door in which the victim resides, and by driving the studs of the victim into the studs room room and by other hand, led the victim into the studs room, and led the victim to the sound of the victim.

Accordingly, the defendant attempted to rape the victim by impairing the victim's residence.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police prepared D;

1. Application of Acts and subordinate statutes to written E;

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. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Article 62 (1) of the Criminal Act (The following consideration shall be made again for the reason of sentencing);

1. The main sentence of Article 16 (4) and the main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes

1. In a case where the facts constituting the crime in the judgment on the registration of personal information under Articles 47(1) and 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and Articles 49(1)2 and 50(1)2 of the Act on the Protection of Children and Juveniles against Sexual Abuse are affirmed, the Defendant is a person subject to registration of personal information under Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and the same is applicable

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