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(영문) 수원지방법원 2018.06.14 2018고합75

성폭력범죄의처벌등에관한특례법위반(주거침입강간)

Text

A defendant shall be punished by imprisonment for three years.

The defendant shall be ordered to complete 40 hours of sexual assault treatment lectures.

Reasons

Punishment of the crime

On October 22, 2017, when the victim E (n, 33 years of age) located in 08:40 on 08:0 on October 22, 2017, the Defendant intending to forcibly commit an indecent act by taking the victim’s knife the victim’s knife and into knife the victim’s residence, and by leaving the knife the victim’s knife, and by leaving the victim’s knife with knife, knife the victim’s hand and knife the victim’s knife, but knife the victim’s knife knife knife knife knife knife kn

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness E;

1. Application of the Acts and subordinate statutes to CCTV images and images damaged by E;

1. Articles 15 and 3 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes under the relevant Act on Crimes, Articles 319 (1) and 298 of the Criminal Act;

1. Mitigation of attempted punishment: Articles 25(2) and 55(1)3 of the Criminal Act;

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. An order of disclosure and exemption from an order of notification: Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, the proviso to Article 49(1) and the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse (a defendant has the same criminal record but did not repeat the case for about nine years), he/she can expect the effect of preventing recidivism to a certain extent only with the registration of personal information and the lecture for the treatment of sexual assault;

I seem to appear.

In addition, considering the defendant's age, occupation, type and motive of the crime in this case, process of the crime, seriousness of the crime, the degree and expected side effects of the defendant's disadvantage due to the disclosure order or notification order, and the preventive effects of the sexual crime subject to registration which can be achieved therefrom, there are special circumstances that may not disclose or notify the defendant's personal information.

(C) the registration of personal information.