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(영문) 대구지방법원 서부지원 2014.10.23 2014고합148
성폭력범죄의처벌등에관한특례법위반(주거침입강간등)
Text

A defendant shall be punished by imprisonment for two years.

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

From March 21, 2014, the Defendant lived with only taxes, such as electricity, at a house located in Seo-gu, Daegu Metropolitan City (n, 53 years of age) owned by the victim D (n, 53 years of age) from around March 21, 2014, and the said victim became a small director at the house owned by the said victim around April 28, 2014 on the wind where the house at which the victim was living in another place was sold.

On April 29, 2014, at least 04:00, the Defendant had a mind to rape the victims who were divingd in a small room, and opened and opened a small slid door which is not equipped with a kitchen and a kitchen with a kitchen.

The defendant humping the victim who was divingd in the small room above, humping the victim's body and humping the victim's body, and humping the victim's body with humping "I want to do so only once, only one time, good, good, good." The defendant humping the victim's face into the victim's face, and tried to rape the victim by cutting off the victim's clothes with humbing the victim's face, but the victim "I hume is not a woman, but a woman, a woman, a woman, a woman, a woman, and a woman is the same with the victim's body, and I am hum hum hum hum hum hum hum hum hum hum hum hum hum hum hum hum hum hum hum hum hum hum hum hum hum hum hum."

Accordingly, the defendant attempted to rape the victim by impairing the victim's residence.

Summary of Evidence

1. Statement by the defendant in court;

1. Examination protocol of the accused by prosecution;

1. Statement made to D by the police;

1. Application of each statute on photographs;

1. Relevant Articles 15 and 3 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and the elective Punishment, etc. of Sexual Crimes, Articles 319 (1) and 297 of the Criminal Act;

1. Articles 26 and 55 (1) 3 of the Criminal Act for attempted suspension and mitigation;

1. Articles 53 and 55(1) of the Criminal Act for discretionary mitigation;

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