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(영문) 수원지방법원 2016.03.22 2015고합665
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 three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

At around 00:30 on May 3, 2015, the Defendant went back to the studio room on the 6th floor of the instant building, while drinking alcohol at the 5th floor drinking room in Suwon-si, Suwon-si, the Defendant: (a) went back to the studio room on the 6th floor of the instant building; (b) followed the victim until the studio of the studio; (c) obstructed the victim’s visit and opened the visit; and (d) attempted to commit rape with the left hand to prevent the victim from participating in the studio of the studio part of the studs of the studs; (b) attempted to escape from the studio room on the 6th floor of the instant building; and (c) attempted to commit an attempted crime by having the victim resist and resist.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Application of the Acts and subordinate statutes on video recording CDs in the entire CCTV of the D Public Announcement Institute;

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. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances in favor of the defendant among the grounds for sentencing);

1. Article 62 (1) of the Criminal Act on the suspension of execution (this shall be repeatedly considered as above);

1. Where a conviction becomes final and conclusive on the facts constituting the crime indicated in the judgment on the registration of personal information under Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, the accused is a person subject to registration of personal information under Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and thus, the accused is obligated to submit personal information to the competent agency pursuant to Article 43

There are special circumstances in which personal information shall not be disclosed, as provided for in the exception of disclosure order and disclosure order and notification order.

In the case of judgment, the issue of whether the defendant constitutes "a crime" shall be the defendant's age, occupation, risk of recidivism, characteristics of the offender, such as the type, motive, process, result, seriousness of the crime, etc., and the disclosure order or disclosure order.

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