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(영문) 창원지방법원 2013.11.07 2013고합255
성폭력범죄의처벌등에관한특례법위반(주거침입강간등)
Text

A defendant shall be punished by imprisonment for three years.

The defendant shall be ordered to complete a sexual assault treatment program for 80 hours.

Reasons

Criminal facts

The Defendant discovered a house in which gates are opened with female-friendly equipment, etc., and found that the victim D (hereinafter, 16) was locked by opening the window on the first floor and the second floor by a heat stringing the door, while returning home, and drinking out the gate, the Defendant tried to assault the victim with sexual intercourse.

Accordingly, at around 05:00 on August 31, 2013, the Defendant opened and intruded into the room by the victim’s window 2nd floor, which is located in the window E in Changwon-si, Changwon-si, and was unable to take advantage of the victim’s side. The Defendant attempted to keep the victim’s breast and part of the victim’s chest and part of the victim’s hair and rape after suppressing the victim’s secret so that the victim can not unfold and unfold the secret so far as possible, such as the string and the victim. However, the Defendant did not commit a crime against the victim’s family members, who were influencing the secret and play in that sound, and did not commit it.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. Application of Acts and subordinate statutes to stenographic records of the Mapo saw Support Center;

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;

2. Mitigation of attempted crimes under Articles 25 (2) and 55 (1) 3 of the Criminal Act;

3. Order to complete a program under the main sentence of Article 21 (2) of the Act on the Protection of Children and Juveniles against Sexual Abuse.

4. In light of the proviso to Article 49(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse (the fact that there is no previous fault for the defendant, the fact that the social relationship of the defendant is obvious, the defendant's mistake and reflect against himself/herself, etc., it is deemed that there are special circumstances that may not disclose and notify personal information) where the conviction of the defendant of this case becomes final and conclusive.

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