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(영문) 인천지방법원 부천지원 2016.08.19 2016고합123
성폭력범죄의처벌등에관한특례법위반(주거침입강간)
Text

A defendant shall be punished by imprisonment for three years.

To order the defendant to complete a sexual assault treatment program for 80 hours.

Reasons

Punishment of the crime

On April 17, 2016, the defendant completed the work in Seoul around 23:10 and got on a bus at the E stop located in D, Kim Jong-si, the defendant's house.

The Defendant: (a) reported that the victim F (the 25-year age), who gets together in the same bus, walked around the bus; and (b) attempted to rape depending on the victim.

At around 23:20 on the same day, the Defendant got off the victim, and opened the G apartment 50x dong, Kimpo-si, where the victim resides, and intruded the victim's residence according to the victim.

The Defendant continued to wait for an elevator, such as the victim, who was waiting for the elevator, prevented the victim from suffering with his own hand, brought the victim with one hand, led by emergency stairs, and tried to suppress and rape the victim's resistance, but the victim got sound, and attempted to escape and commit an attempted crime.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. Application of the internal investigation report (the CCTV confirmation at the time of entry of the victim's G apartment), attached data, report on internal investigation (the capture of the damaged area at the time of the occurrence of the case), and attached data, report on internal investigation (the cutting of CCTV-entry CCTV in a suspect outside the 50x off the 50x off) and attached data, report on internal investigation (the CCTV screen in a crime image and apartment complex) and attached data, report on internal investigation (the closure of the bus booms and photographs taken by the suspect and the victim) and attached data;

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 25 (2) and Article 55 (1) 3 (unauthorized Crime) of the Criminal Act mitigated by law;

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 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from disclosure and notification orders.

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