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(영문) 대전지방법원 천안지원 2017.04.26 2016고합212
성폭력범죄의처벌등에관한특례법위반(강간등상해)
Text

A defendant shall be punished by imprisonment for three years.

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

On November 6, 2016, around 06:40, the Defendant discovered that the entrance was opened in front of the house of the victim D (Woo, 23 years old) located in Seo-gu, Seo-gu, Seo-gu, Seocheon-gu, Seocheon-gu, Seoul, and that the entrance was not corrected.

The defendant reported that the victim was divingd in the room that he did so, had the victim mind to rape, had the victim kid by using his left arms going on the body of the victim, and kidd by using the victim's kids, and kid by kiding the sound of the victim, and exceeded the panty.

During that period, when a person who was frighted to fright the head debt of the defendant, shouldered the left part of the defendant's head debt, and resistance, the defendant tried to have sexual intercourse with the victim after suppressing the victim's resistance by shouldering the victim's face, but when the victim was asked of "the victim's fright" due to "the victim's fright who was not a fright male at all times", the victim did not go to the wind that the victim escaped.

Accordingly, the defendant invadedd the victim's residence and attempted to rape the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against the victim;

1. Each photograph;

1. Application of Acts and subordinate statutes on investigation reporting;

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. Articles 25(2) and 55(1)3 of the Criminal Act (the following favorable circumstances among the reasons for sentencing) of the mitigated amount;

1. The main sentence of Article 62 (1) of the Criminal Act (the following consideration shall be repeated for the reasons for sentencing);

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

1. Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from disclosure and notification 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 disclosure and notification order of registered information may have a significant impact on the defendant, and thus, the disclosure and notification order of registered information needs to be careful.

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