(영문) 서울동부지방법원 2016.10.06 2016고합238

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(영문) 서울동부지방법원 2016.10.06 2016고합238

성폭력범죄의처벌등에관한특례법위반(특수강간)등

Text

A defendant shall be punished by imprisonment for not less than three years and six months.

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

Reasons

Punishment of the crime

[Criminal Power] On February 18, 2016, the Defendant sentenced six months to imprisonment with prison labor for a violation of the Punishment of Violences, etc. Act (a collective weapon, etc.) at the Suwon District Court on February 18, 2016, and completed the execution of the sentence on May 11, 2016.

【Criminal Facts】

1. A defendant violated the Special Act on the Punishment, etc. of Sexual Crimes (Special Rape) around 03:05 on July 10, 2016, the defendant opened a string door door with a string of dangerous things ( approximately 20 centimeters in total length, about 10 centimeters in blades) before the house of the victim D (the 62 years of age) located under Gangdong-gu Seoul, Gangdong-gu, Seoul and underground subparagraph C, and did not come up through it, and did not enter the victim's chest immediately after going up above the victim's body and racks the victim into the room. The defendant did not put the victim's resistance to the victim, such as "hing off, knife, knife, knife, and down," and then did not put the victim's pet and panty, and did not put the victim's chest into the victim's chest into the victim's chest, but did not put the victim's chest into the victim's chest.

Accordingly, the defendant did not commit rape while carrying dangerous objects, but did not commit an attempted rape.

2. The Defendant attempted to commit special robbery, at the time and place indicated in the preceding paragraph, intruded the said victim’s house protection, such as the time and place indicated in the preceding paragraph, and went away from that place, after leaving the above excessive amount, which is a deadly weapon, on the floor, and making it impossible to resist as described in the preceding paragraph, and taking the victim’s property from the victim.

Accordingly, the defendant invadeds on the residence of the victim at night, and took a deadly weapon with him to force the withdrawal of the victim's property, and did not commit an attempted crime.

Summary of Evidence

1. The defendant's legal statement; 1.1.

참조조문

-폭력행위 등 처벌에 관한 법률

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