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(영문) 수원지방법원 성남지원 2013.11.21 2013고합195
성폭력범죄의처벌등에관한특례법위반(주거침입강간등)
Text

A defendant shall be punished by imprisonment for three years.

The defendant shall be ordered to complete the sexual assault treatment program for 80 hours.

Reasons

Punishment of the crime

At around 19:30 on August 2, 2013, the Defendant discovered the victim E (V, 24 years old) who was in a cleaning room in front of the first floor female toilets underground of the D Bus Terminal in Seongbuk-gu, Sungnam-si, Sungnam-si, G, and intruded into the female toilet which is a building.

The Defendant, by one hand, knife the victim’s side knife with another hand, threatened the victim with “snife knife knife knife” while threatening the victim with “hnife knife knife knife knife”, and led the victim to the left side knife inside the toilet so as to suppress the victim’s resistance.

The victim was unable to resist due to the pain by conducting a regional inhaled surgery on the left side at the time.

The Defendant, “I wish to live only once and send them,” and the Defendant attempted to rape the victim’s sexual organ in the body of the victim, but was discovered to the security guards, who had tried to hear the victim’s lusium, thereby having attempted to commit an attempted crime.

Accordingly, the defendant invadedd a structure and attempted to rape victim E.

Summary of Evidence

1. Statement by the defendant in court;

1. Entry of the police statement of E;

1. Application of each video statute to the injured party's photographs, and photographs showing the suspect's attachment;

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 299 of the Criminal Act;

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

1. Article 16 (2) and (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order;

1. Article 47 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and Article 49 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, the Defendant who has registered personal information shall be subject to the instant criminal facts.

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