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(영문) 인천지방법원 부천지원 2015.09.11 2015고합121

성폭력범죄의처벌등에관한특례법위반(주거침입유사강간)

Text

A defendant shall be punished by imprisonment for three years.

To order the defendant to complete a sexual assault treatment program for 80 hours.

Reasons

Punishment of the crime

On May 15, 2015, at around 20:50, the Defendant opened an open door and intruded into the room of the victim D (the 39 years of age) located in Seocheon-gu, Seocheon-gu C and 3rd 16, Seocheon-gu, Seoul, and the 39 years of age. The Defendant pushed the victim into the bed, tightly assaulted the victim by putting the victim's hand on the bed, putting the victim's hand on the bed, putting the victim's bed, putting the victim's hand on the bed, putting the victim's bed, and putting the victim's kick, into the part of the

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes on written statements by prosecution concerning D;

1. Relevant Article 3 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and the elective Punishment, etc. of Sexual Crimes, and Article 297-2 of the Criminal Act;

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

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

1. Articles 47(1) and 49(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes Exempted from Disclosure Orders and Notification Orders, 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 (where a conviction becomes final and conclusive due to the fact of the registration of personal information of the accused, considering the following: the Defendant’s age and occupation, the type and motive of the crime, the process and consequence of the crime, the risk of recidivism, the existence of the same kind of power, the anticipated side effects of the Defendant’s disadvantage due to disclosure orders and notification orders, and the comparative balancing between the expected side effects of the crime subject to registration and the expected profits, the Defendant is obligated to submit personal information to the competent authority pursuant to Article 43 of the same Act, as the Defendant is subject to registration pursuant to Article 42(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes.

Reasons for sentencing

1. Legal provisions;