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(영문) 수원지방법원 2017.02.02 2016고합648

성폭력범죄의처벌등에관한특례법위반(주거침입준강간)

Text

A defendant shall be punished by imprisonment for three years.

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

Reasons

Punishment of the crime

On May 14, 2016, the Defendant opened a 903 entrance at the “F hotel” accommodation 903 located in the Victim E (32, n, n, n) in Busan Shipping Daegu, and intruded into the said accommodation by using Masky’s employees, and inserted the Defendant’s sexual organ into the sound part of the victim’s knife, which was defilled with the clothes in the bend room.

Accordingly, the defendant invadedd the victim's residence, and has sexual intercourse with the victim by taking advantage of the victim's non-refluence condition.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the prosecution against E;

1. Each police statement protocol with respect to G and E;

1. Responses to a request for appraisal and additional evidential materials;

1. Application of Acts and subordinate statutes to report on investigation (to hear statements from suspects in charge of hotels related to the lending of Turkey);

1. Article 3 (1) of the relevant Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Aggravated Punishment, etc. of Sexual Crimes and Articles 319 (1), 299, and 297 of the Criminal Act concerning criminal facts;

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1. Article 62 (1) of the Criminal Act on the suspended execution (Article 62 (1) of the Criminal Act on the following grounds for sentencing);

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

1. In full view of the following circumstances: (a) Articles 47(1) and 49(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes Exempted from disclosure and notification orders; (b) Articles 49(1) proviso and 50(1) proviso of the Act on the Protection of Children and Juveniles against Sexual Abuse (the Defendant’s age, occupation, family environment, and social relationship; (c) details, circumstances, and result of the instant crime; (d) the prevention of sexual crimes subject to registration that may be achieved by the disclosure and notification order; and (e) the effect of the protection of the victims of sexual crimes subject to registration; and (e) the degree of disadvantage suffered by the Defendant due to disclosure and notification order and anticipated side effects, special circumstances where the Defendant’s personal information may not