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(영문) 서울남부지방법원 2018.11.01 2018고합437

성폭력범죄의처벌등에관한특례법위반(주거침입준유사강간)

Text

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 three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Part of the facts charged was revised to the extent that it does not impede the defendant's exercise of defense right.

On July 27, 2018, the Defendant, together with both kind districts, she saw to “F pention” located in Yangju City, and she ended with the victim G (hereinafter 22 years old) her gate 2004, and she her her drinking together from around 00:00 of the same month to around 04:00 of the same month. On the same day, the Defendant was her opportunity to her drinking together with the victim from around 00:30 to 06:45 on the same day, opened and intrudes the her chest and her her part, which was not corrected by the above 2004 room, and her finger and her part were tighted with his her hand, and her finger and her part were collected into the victim’s hand.

As a result, the defendant intruded the victim's residence, and raped by using the victim's non-fluence condition to bring his fingers into the victim's sexual organ.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement by the police concerning the victim G;

1. On-site photographs;

1. Investigation Report (verification of time during which a day commences) - Application of Acts and subordinate statutes to outputs from the Space Knowledge Information Site;

1. Relevant legal provisions and Article 3(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, Articles 319(1), 299, and 297-2 of the Criminal Act, and choice of imprisonment with prison labor for abandonment on the crime;

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act ( Taking into account the circumstances favorable to the defendant among the following grounds for sentencing):

1. Article 62 (1) of the Criminal Act on the stay of execution (Article 62 (1) of the Criminal Act on the grounds for sentencing, repeated circumstances favorable to the defendant);

1. Grounds for sentencing under Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed against an order to attend a course;

1. Scope of applicable sentences under law: Imprisonment for two years and six months to fifteen years; and

2. Scope of the recommended punishment on the sentencing guidelines: Imprisonment with prison labor for up to three years and up to five years and six months [the scope of the recommended punishment] general standards for the crime of rape (in the case of rape by blood and intrusion into residence, rape by blood and special rape) for the mitigated area (three to five years and six months) (the person subject to special mitigation) for the mitigated area; no punishment is imposed.

3. Determination of sentence: Imprisonment; and