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(영문) 서울남부지방법원 2015.12.18 2015고합362

성폭력범죄의처벌등에관한특례법위반(주거침입강간)

Text

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

However, the execution of the above punishment shall be suspended for four years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On July 29, 2015, at around 23:30 on July 29, 2015, the Defendant intruded the victim E (n, 43 years of age) in the inner door through the front door, and went away from the body of the victim who was divingd therein, and made it impossible for the victim to resist the victim's panty, and then raped the victim by inserting the victim's panty, inserting his sexual organ into the part of the victim's sound.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Each request for appraisal (victim's genetic appraisal report and on-site genetic appraisal report);

1. Application of Acts and subordinate statutes to each investigation report (related to the results of a suspect DNA appraisal request, guidance attachment);

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

1. Article 52 (1) and Article 55 (1) 3 of the Criminal Act for mitigation of self-denunciation;

1. Article 62 (1) 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;

1. The reason for sentencing is that there are special circumstances in which the disclosure or notification of personal information of a defendant may not be made in full view of the defendant's age, occupation, family environment, social ties, criminal records and the risk of recidivism, profits expected due to an order of disclosure or notification, and adverse effects and side effects of such order, etc. as the defendant's age, occupation, family environment, social relationship, criminal records and the order of disclosure or notification as stated in the record, the risk of recidivism, the effect expected due to the order of disclosure or notification, etc.

1. Scope of recommendations on the sentencing guidelines (decision of types), general standards, crimes of rape (subject to at least 13 years of age), types 2 (Rape, including intrusion upon residence), self-denunciation, non-denunciation of punishment (subject to mitigation) [Scope of recommendations] imprisonment with labor, from June to June (subject to special mitigation);

2. Determination of sentence: