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(영문) 전주지방법원 군산지원 2015.09.24 2015고합62
성폭력범죄의처벌등에관한특례법위반(주거침입강간)등
Text

A defendant shall be punished by imprisonment for three years.

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

Reasons

Punishment of the crime

1. On May 13, 2015, the Defendant: (a) entered a plan to take off the entrance and exit number for rape under Article 208 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (aggravated Rape) around 03:45, 2015; (b) entered a plan to take off the entrance and exit number for the purpose of rape; and (c) attempted to commit rape after preventing the victim from taking out by hand, who was divingd by the said victim’s bodily loss; and (d) prevented the victim from resisting by intimidationing; (b) however, the Defendant failed to take off his/her clothes after the victim resisted his/her body while resisting his/her body.

2. The Defendant, at around 03:50 on May 13, 2015, taken the image of the victim who was teared by using a cell phone (certificate No. 1) held by the said victim for the purpose of preventing the police from reporting, at the place indicated in paragraph (1).

3. On May 11, 2015, the Defendant, upon entering a residence, came to a place indicated in paragraph (1) and went to a room after obtaining a password of the entrance, which was known in advance, and cancelling the corrective device, and intrudes upon the residence of the said victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Voluntary submission, records of seizure, evidence of seizure, and the list of seizure;

1. Photographss of the damaged part C, ctv images to be taken;

1. A photograph of seized articles cell phone, dynamic image taken by the victim, photograph by capturing a cell phone image and trts in the victim;

1. Application of A residential intrusion ctv images to the Acts and subordinate statutes;

1. Relevant legal provisions concerning facts constituting an offense, Articles 15 and 3(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, Articles 319(1) and 297 of the Criminal Act, Article 14(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (the occupation of attempted rape and attempted rape), Article 319(1) of the Criminal Act, Article 319(1) of the Criminal Act (the occupation of taking photographs, such as carmers, the choice of imprisonment), and Article 319

1. Aggravation for concurrent crimes;

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