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(영문) 수원지방법원 안산지원 2017.07.14 2017고합106

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 a period of four years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Defendant: (a) sought a victim of a female-friendly job offering (n, 41 years old); (b) forced to engage in a sexual intercourse; and (c) re-undertake a deceased person.

On January 20, 2017, the victim was waiting for the victim to leave the door in front of the entrance of the victim's residence in Ansan-si, Ansan-si on the 201st day, and the victim was invaded into the victim's residence by opening the entrance door to leave the 09:43 on the same day and pushing the victim into the house.

On the other hand, the Defendant continued to attract the victim to the inside, forced off the clothes of the victim at his resistance, placed the victim on the bed, lying the victim in the bed, lest the victim be able to be able to be able to take her hand, boomed the victim's resistance in such a way as to prevent him from bringing his hand, and had sexual intercourse once with the victim.

Accordingly, the defendant invadedd the victim's residence and raped the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the prosecutor and the police for C;

1. Application of Acts and subordinate statutes to the scene and criminal implements;

1. 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, the relevant legal provisions and the choice of a sentence 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;

1. Exemption from disclosure orders and notification orders under Articles 47 (1) and 49 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, 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 (the fact that the accused has no record of punishment for a sex offense, and the relationship between the accused and the victim, there is a tendency that the accused commits a sex offense against many unspecified persons, considering the fact that the accused has no record of punishment for a sex offense;

It is difficult to see, and the defendant reflects his mistake.