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(영문) 광주지방법원 해남지원 2018.11.21 2018고합20
성폭력범죄의처벌등에관한특례법위반(주거침입강간)
Text

A defendant shall be punished by imprisonment for not less than two years and six months.

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

Reasons

Punishment of the crime

The defendant is a foreigner of Russia nationality, who entered the Republic of Korea on March 22, 2018, and is currently staying illegally as of May 21, 2018.

On July 18, 2018, the Defendant opened and intruded with an entrance that was not corrected at the staff accommodation of the “D amusement shop” of the Nam-gun, Jindo-gun, and the fourth floor of the Defendant, around 02:30 on July 18, 2018, the Defendant tried to remove the victim’s panty throth, i.e., the victim E (the victim’s name, n.e., the 41-year old age), i.e., the victim’s arms in the kitchen, kn., the kn.e., the victim’s kn., the kn., the victim’s kn.e., the victim’s kn., the victim’s kn., attempted to put the victim’s face into the above kn. However, the Defendant attempted to kn.e., the victim’s kn., kn., the victim’s kn.

Summary of Evidence

1. Each legal statement of witness F and E;

1. Each police statement made to E and F;

1. Photographs related to the case;

1. Application of statutes governing on-site CCTV CDs;

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

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

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. In full view of the various circumstances, such as the proviso to Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from an order to attend a lecture (the defendant does not make communication to foreigners of Russian nationality smooth, and is highly likely to be forced overseas pursuant to the Immigration Control Act and the Enforcement Rule of the same Act, there are special circumstances in which the defendant is unable to impose an order

I think)

1. Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from disclosure orders and notification orders.

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