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(영문) 광주지방법원 순천지원 2019.02.21 2018고합249
성폭력범죄의처벌등에관한특례법위반(강간등상해)등
Text

A defendant shall be punished by imprisonment for five years.

The defendant shall be ordered to complete the sexual assault treatment program for 40 hours.

Reasons

Punishment of the crime

1. 야간주거침입절도 피고인은 2017년 여름경 야간에 여수시에 있는 피해자 B의 주거지 마당 빨래 건조대에 피해자 소유의 팬티와 브래지어(시가 합계 5만 원 상당)가 널어져 있는 것을 발견하고, 이를 절취할 목적으로 담을 넘어 그곳 마당에 침입하여 건조대에 있는 팬티와 브래지어를 가지고 나왔다.

Accordingly, the defendant invadedd the victim's residence at night and stolen the property.

2. On November 21, 2018, at around 23:00 on November 21, 2018, the Defendant discovered that his/her clothes belonging to the victim are personal in a dried belt as soon as possible at the place specified in paragraph (1), and put them into a bank where the Defendant had the clothes belonging to the dried belt by intrusioning into the dried belt beyond the wall for the purpose of theft.

On the other hand, the Defendant continued to open the signal voting with the entrance of the victim and intruded into the protection of the victim, and when the victim who finished shower with the shower is able to prevent the victim from entering the room, and when she talks on the part of the victim, she tried to rape the victim after suppressing the victim's resistance, and attempted to rape the victim, but she did not go out of the victim's right of resistance, but did not go through the victim's sound and resistance, and therefore, she did not go through the victim's attempt to do so, she did not go through the wind, and she did not go against the victim's two weeks of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement concerning B;

1. Application of Acts and subordinate statutes to a report on investigation, report on investigation, and report on investigation (Attachment of a medical certificate);

1. Relevant Articles 30 and 330 of the Criminal Act concerning the crime, the choice of punishment, Articles 8 (1), 15, and 3 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, Articles 30 and 297 of the Criminal Act;

1. The Criminal Act among concurrent crimes.

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