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(영문) 광주지방법원 해남지원 2016.03.30 2016고합5
성폭력범죄의처벌등에관한특례법위반(주거침입강간)등
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Defendant shall be punished by imprisonment for a term of two years and six months and a fine of one hundred thousand won.

When the defendant does not pay a fine, 50.

Reasons

Criminal facts

1. On January 27, 2016, the Defendant: (a) opened the entrance door of the victim D (n, 69 years of age) residing in South west-gun C on January 27, 2016; (b) entered the door door door of the Estmb in the victim D (n, f9 years of age) located in South west-gun C on January 27, 2016; and (c) entered the victim, “

“In the body of the victim, the victim tried to take her hand to prevent the victim from getting out of her will and panty, and rape. However, the victim did not commit an attempted crime but did not go to the wind against the victim, such as opening the victim’s hand, her face, etc.

2. On January 27, 2016, the Defendant, in violation of the Road Traffic Act (unlicensed Driving), driven a 100-Engine bicycle without obtaining a motor bicycle license from the front side of the west-gun, Southern-gun, to the front side of the Ests. 1.2 km from around 17:10 on January 27, 2016.

Summary of Evidence

1. Partial statement of the defendant;

1. Each police statement made to D, G, and H;

1. Application of Acts and subordinate statutes to each investigation report (a letter of damage place, attachment of CCTV image data, attachment of ozone photographs of A, distance of operation);

1. Relevant legal provisions concerning the facts constituting an offense, and Articles 15 and 3(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Aggravated Punishment, etc. of Specific Crimes, Articles 319(1), 297 of the Criminal Act (the attempted rape by intrusion upon residence and imprisonment with labor), Articles 154 Subparag. 2 and 43 of the Road Traffic Act (the occupation of unauthorized Driving);

1. The former part of Article 37 of the Criminal Act and Article 38 (1) 3 of the Act on the Punishment, etc. of Sexual Crimes [Concurrent punishment of imprisonment and a fine prescribed for a violation of Road Traffic Act, which are prescribed by the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and a violation of Road Traffic Act];

1. Article 53 and Article 55 (1) 3 and 6 of the Criminal Act to mitigate small amount;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

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

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

1. The punishment, etc. of sexual crimes subject to exemption from disclosure orders and notification orders;

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