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(영문) 의정부지방법원 2013.04.05 2013고합14

성폭력범죄의처벌등에관한특례법위반(주거침입강간등)

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

Criminal facts

At around 22:00 on December 3, 2012, the Defendant: (a) promised that the victim E (the 20-year-old-old-old-year-old-old-old-old-old-old-old-old-old-law-old-law-old-law-old-law-old-law-old-law-based-law-based-law-based-law-based-law-based-law-related-law-related-law-related-law-related-law-related-law-related-law-related-related-law-related-related-related-related-law-related-related-related-related-related-related-law-related-related-related-related-related-related-related-related-related-related-related-related-related-related-related-law-related-related-related-related-

At around 02:45 on December 4, 2012, the Defendant intruded into the above room where the victim is a married person, examined the state of the victim, and then re-infilled into the room on December 4, 2012. On December 4, 2012, 203:07, the Defendant invadedd the above room again on the part of the victim, and had sexual intercourse once by putting the victim’s fright and panty typ in the state of being unable to resist due to the breath alcohol, and inserting his sexual flag into the part of the victim.

Summary of Evidence

1. Defendant's legal statement;

1. E prosecutorial statement;

1. F statement in the police interrogation protocol of the accused;

1. Application of the Acts and subordinate statutes governing CCTV photographs within the telecom;

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

1. Mitigation of discretionary mitigation under Articles 53 and 55(1)3 of the Criminal Act (hereinafter referred to as “the grounds for discretionary mitigation”), among favorable circumstances

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

1. Article 37 (1) 1 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes in Public Order;

1. Grounds for sentencing under Article 41 (1) 1 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes of Sexual Crimes;

1. Imprisonment with prison labor for a period of two years and six months to fifteen years;

2. The range of recommendations based on the sentencing guidelines [decision of types] sexual crimes, rape (subject to at least 13 years of age), and two types of (Rape, including intrusion upon residence): The mitigated elements of punishment (special multiple-specin): the non-specin [the scope of recommendations and the scope of recommendations].