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(영문) 수원지방법원 평택지원 2016.10.05 2016고합32
성폭력범죄의처벌등에관한특례법위반(강간등상해)
Text

A defendant shall be punished by imprisonment for three years.

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

Reasons

Punishment of the crime

On April 6, 2016, the Defendant found the victim E (here, 22 years of age, and her life) entering the building front of Pyeongtaek-si D with the intent of rapeing the victim, and opened the entrance door with the intent to obstruct the victim, followed the victim, and then, when the victim gets into the third floor of the building and moves into the house, then opened the front door password of the victim, and opened the victim's house, and then intrudes the victim's residence, and then down the victim's house, the Defendant forced the victim to close the door above the victim's body, closed the victim's door, and opened the victim's house, and tried to see the victim's chest by taking rape the victim's chest over the victim's house, but the Defendant tried to open the victim's chest with the victim's left part, without going through rape.

As a result, the defendant invadedd the victim's residence and attempted to rape the victim, and thereby, inflicted injury on the victim, such as cerebral leins, which requires approximately three weeks of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Legal statement of witness F, and partial statement of witness E;

1. Application of the statutes to fact-finding inquiries and replies to the Gyeonggi-do Vice Commissioner General of this Court;

1. Articles 8 (1), 15, and 3 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes under the relevant Act on Criminal Crimes, Articles 319 (1) and 297 of the Criminal Act;

1. Article 10 (2) and Article 55 (1) 3 of the Criminal Act for mitigation of mental disorders;

1. Discretionary mitigation Criminal Act;

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