(영문) 서울동부지방법원 2015.08.27 2015고합162

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(영문) 서울동부지방법원 2015.08.27 2015고합162

성폭력범죄의처벌등에관한특례법위반(주거침입강간)

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

On July 1, 2015, at around 19:10 on the road located in Songpa-gu Seoul Metropolitan Government, the Defendant discovered the victim C (tentative name, 57 years of age) and tried to rape the female, and used the wall of the victim in Songpa-gu Seoul, Songpa-ro, Seoul, followed up up up to the second floor of the victim's house, intruded the victim's house by using the wall of the side house to the second floor of the victim's house, and then exposed the victim's house to knee knee kne.

At that time, the defect that the victim, who was in the inside room, found the defendant and intending to open the window of the inside room with sound called "human life," and the defendant tried to rape the victim, after the victim followed himself, she was unable to take the part of the victim's hand, and she was unable to take part in the wind arrested by a police officer who was dispatched with a neighboring resident's report, with the victim's hand, in order to stop away with the victim's hand, and then the victim she was able to take part in the kitchen, and she tried to commit rape. However, even though the victim's resistance continues to exist and the victim was arrested as a flagrant offender by the police officer who was dispatched with a neighboring resident's report, the victim did not take part in the wind that he was arrested as a flagrant offender.

Summary of Evidence

1. Defendant's legal statement;

1. Prosecutions of the accused and suspect interrogation records of the police;

1. Statement to C by the police;

1. Sound CDs;

1. Application of the Acts and subordinate statutes to photographs of the scene, photographs of the suspect, degree of map, and photographs of the body of the victim;

1. Relevant Articles 15 and 3 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and Article 319 (1) of the Criminal Act concerning criminal facts, and Articles 319 (1) 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. Article 16 (2) and (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed against Probation and Order to Attend Courses;

1. Exemption from any disclosure order and any notification order:

참조조문

-성폭력범죄의 처벌 등에 관한 특례법 제3조 제1항

-성폭력범죄의 처벌 등에 관한 특례법 제15조

-성폭력범죄의 처벌 등에 관한 특례법 제16조 제2항

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