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(영문) 춘천지방법원 원주지원 2014.04.10 2014고합18
성폭력범죄의처벌등에관한특례법위반(주거침입강간등)
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant was working as a cargo driver in the original state factory in the original state of “D” located in “D,” and is between F and the workplace club of the victim E (in women, the husband of the victim E). The victim is between the victim and the victim, who has been working more than twice in the meetings of the husband and wife.

The Defendant, at around 07:00 on August 6, 2013, had been working in the original state factory of “D” as of August 6, 2013, and had the F find out the F’s car parked in the parking lot and confirmed the work of the F, who had the capacity to discern things or make decisions due to mental or physical disorder, and had the F attend the work, he thought the victim to rape.

At around 08:30 on the same day, the Defendant intruded into the house through the window of the living room where the correction was not made after finding the victim's residence in G in the original city, and went to the victim's hand in order to rape the victim from the head at the bed toilets, and entered the victim's hand in order to commit rape, but the Defendant was attempted by taking the victim's hand in order to hear the victim's secret sound and to stop the victim's children.

Accordingly, the defendant invadedd the victim's residence and tried to rape, but attempted to commit an attempted crime.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Application of Acts and subordinate statutes notifying the results of mental appraisal;

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 10 (2) and 55 (1) 3 of the Criminal Act for statutory mitigation;

1. Article 25 (2) and Article 55 (1) 3 of the Criminal Act for mitigation of attempted crimes;

1. Probation, order to provide community service and attend lectures under Article 62-2 (1) of the Criminal Act, and the main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc.

1. Article 47(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from disclosure orders and notification orders;

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