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(영문) 부산지방법원 2018.07.27 2018고합222
성폭력범죄의처벌등에관한특례법위반(주거침입강간)
Text

A defendant shall be punished by imprisonment for four years.

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

Reasons

Punishment of the crime

On May 12, 2018, the Defendant: (a) around 01:00, at the D convenience store located in Busan East-gu, Busan-gu, for the victim E to report that the victim E is under the influence of alcohol and rape; (b) purchased drinking water, and followed the victim from the convenience store to the convenience store and residence.

On May 12, 2018, at around 01:18, the Defendant opened the entrance door and opened the door door to close the door, and tried to put the shoulder of the victim into the living room.

The defendant, in the defendant's behavior, led to the suppression of the victim who was playing in the defendant's behavior by force to resist "on the male-child room" and resist, and found that the male-child G of the victim who was living in the ward was living together with the victim's entrance closed and sealed the victim into the room, and escaped from play.

In this respect, the defendant invadeds the residence of the victim and tried to rape the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police in relation to victims and G;

1. Investigation report (in-house photographs, etc. of victims);

1. Application of Acts and subordinate statutes to investigation reports (as to the analysis ofCCTV and the attachment of photographs);

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

1. The main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order;

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, the proviso to Article 49(1) and the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse [the Defendant’s age, occupation, social ties, criminal records, and the risk of recidivism (no sexual crime record) recognized in the record, the circumstances leading to the instant crime, and the details of the instant crime.

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