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(영문) 수원지방법원 안산지원 2014.07.18 2014고합142
성폭력범죄의처벌등에관한특례법위반(성적목적공공장소침입)등
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1. The defendant shall be punished by imprisonment for five years;

2. The defendant shall complete a sexual assault treatment program for 120 hours.

Reasons

Punishment of the crime

1. On April 22, 2014, around 13:00, the Defendant: (a) discovered DNA (26 years old) entering a female toilet from the second floor of the building of the building of the building of Ansan-si, Ansan-si; and (b) entered a female toilet to commit rape.

Accordingly, the Defendant infringed on the above female toilets, which are public places, for the purpose of meeting his sexual desire.

2. The Defendant: (a) at the above date, at the same time and place, reported the urine, and fluencing the victim D from the urine column into the urine; (b) putting the victim’s fingers into the urine; (c) fluencing the victim’s fingers with the fluencing part; and (d) prevented the victim from suffering with the urging part; and (e) attempted to have sexual intercourse with the victim by taking the victim’s arms in his left hand so as to prevent the victim from suffering from driving; (b) while the victim was unable to have a sound and the victim was fluenced with the wind, the victim was injured by the victim during this process, such as the dulpryp, flue, salt, etc. requiring two-day medical treatment.

Accordingly, the defendant tried to rape the victim through violence and intimidation, and the victim was injured.

Summary of Evidence

1. Partial statement of the defendant;

2. Each police statement concerning D;

3. A medical certificate;

4. Application of each statute of photography;

1. Article relevant to the facts constituting an offense and the selection of punishment;

(a) Intrusion into public places for sexual purposes: Article 12 (Selection of Imprisonment or Imprisonment);

(b) The point of rape and injury: Articles 301, 300, and 297 of the Criminal Act.

2. Aggravation of concurrent crimes as provided for in the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (Aggravation of concurrent crimes within the scope of the sum of the long-term punishments of the crimes of rape and bodily injury heavier than the punishment).

3. The main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes.

4. Article 47(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Aggravated Punishment, etc. of Sexual Crimes.

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