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(영문) 수원지방법원 2014.12.16 2014고합644
성폭력범죄의처벌등에관한특례법위반(주거침입강간등)
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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 October 21, 2014, at around 16:30, the Defendant returned to the alleyway of the neighboring body, and discovered the body of the victim C (the age of 16) who returned home at the house located therein, confirmed the house by the son, and confirmed the house by the son, and then leakage of the son’s portrait, the son removed the gate attached to other gate, and the son removed the gate by the son’s gate, and intruded the son’s house.

On one hand, the Defendant continued to enter the victim's shoulder, tightly and small room with the other hand, and did not commit a crime but attempted to commit a crime, after hearing the horses "I am hys hys hys hys hys hys hys hys hys hys hys hys hys hys hys hys hys hys hys hys hys hys hys hys hys hys hys hys hys hys hys hys hyshys hys hys

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement of C;

1. Application of the Acts and subordinate statutes to the photograph of CCTV screen pictures;

1. Relevant Articles 15 and 3 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and Articles 319 (1) and 297 of the Criminal Act concerning the facts constituting an offense;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. Grounds for sentencing under Article 62-2 of the Criminal Act, the main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes;

1. Two years and six months to fifteen years from the date of imprisonment with prison labor for a prison labor in Acts;

2. The sentencing criteria shall not apply to an attempt to determine a sentence; and

The instant crime was committed by the Defendant, who returned home at a low level, followed by a female under the age of 16, and opened a door.

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