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(영문) 창원지방법원 마산지원 2020.02.14 2018고합62

성폭력범죄의처벌등에관한특례법위반(주거침입준유사강간)

Text

A defendant shall be punished by imprisonment for three years.

The defendant shall be ordered to complete the sexual assault treatment program for 40 hours.

Reasons

Punishment of the crime

The Defendant, while visiting the “E” restaurant located in Changwon-si, Masan Member D, which is operated by the victim B (n, 32 years of age, 100) with her husband C, became aware of the victim.

At around 02:00 on June 12, 2018, the Defendant discovered that the victim’s husband C and F, who is the her husband C, are drinking alcohol, and found that the victim was under the influence of alcohol in a simplified bed in the above restaurant while drinking alcohol together with his her her son C, was able to do so.

Since then, at around 03:32 on the same day, the Defendant left the victim, who was locked by the husband of the victim, in order to return home to the F so that the her husband was drunkly drunk, and led the victim to commit an indecent act on the part of the victim. At around 04:00 on the same day, the Defendant sent clothes to the house of the G apartment of the Chang-si Masan-si, Changwon-si, Masan-si, and then opened the entrance to the above restaurant and intruded it, and then opened the entrance to the above restaurant, and knicked the victim’s sexual organ into the panty of the victim who was locked in a simple bed in a simple bed, and put the victim’s finger into the victim’s sexual organ.

Accordingly, the defendant invadedd the building managed by the victim, and raped the victim in a state of mental disorder.

Summary of Evidence

1. The defendant's partial statement in the first protocol of trial;

1. Statements of witnesses B and C in the fifth trial records;

1. Application of Acts and subordinate statutes to investigation reports (in relation to the attachment of suspect attachment and field photographs, attachment of CCTV image images, attachment of 112 report processing table);

1. Relevant Article 3 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, Articles 319 (1) and 297-2 of the Criminal Act, and the selection of limited imprisonment for a crime;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (Consideration of favorable circumstances among the following reasons for sentencing):

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

1. Article 56 of the Act on the Protection of Children and Juveniles against Sexual Abuse, which is an employment restriction order;