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(영문) 수원지방법원 2020.08.20 2020고합336
성폭력범죄의처벌등에관한특례법위반(강간등치상)
Text

A defendant shall be punished by imprisonment for six years.

The defendant shall be ordered to complete the sexual assault treatment program for 40 hours.

Reasons

Punishment of the crime

【Criminal Power】 On June 13, 2019, the Defendant was sentenced to imprisonment with prison labor for night intrusion larceny at the Daejeon District Court for eight months, and completed the execution of the sentence at a detention house on February 26, 2020.

【Criminal Facts of Crimes】 On May 25, 2020, the Defendant: (a) around 04:10 on May 25, 2020, the Defendant: (b) opened a bend window of the victim D (the 58-year-old), which was not locked at the residence of the victim D (the 58-year-old), and went into the house, and went off all of the clothes by intrusioning the victim’s room inside the living room; (c) opened the victim’s body covered and accumulated the fright, hing the victim into the body of the victim; and (d) hing the victim into the victim’s body; and (e) hing the victim’s hing of the sound, the victim prevented the victim from raising the victim’s hing with his hand; (e) however, the victim’s hing the victim’s face with the Defendant’s finger and hing the victim’s hing the victim’s resistance, but did not hing the victim’s resistance.

As a result, the defendant attempted to commit rape by intrusion upon the victim's residence, and in the process, the defendant suffered from the victim's dysium malutism and dysium in need of approximately two weeks of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to D and E;

1. A report on investigation (the CCTV for crime prevention around the victim's house), a report on investigation (the revolving crime prevention cameraF), and a report on investigation (the time of crimes committed by a suspect and the method of intrusion);

1. A written diagnosis of injury;

1. Previous records, such as each CCTV image photograph, field photograph, etc., and records of on-site pictures: Application of Acts and subordinate statutes reporting criminal records, repeated crimes, and results of confirmation;

1. Relevant Articles 8 (1), 15, and 3 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and Articles 319 (1) and 297 of the Criminal Act concerning the facts constituting an offense;

1. The proviso to Article 35 and the proviso to Article 42 of the Criminal Act for aggravated repeated crimes;

1. Discretionary mitigation under Articles 53 and 55(1)3 of the Criminal Act;

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