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(영문) 광주지방법원 2018.05.04 2018고합26

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

Criminal facts

On May 19, 2017, at around 00:0, the Defendant, at the guest room located in Bosung-gun, Nam-gun, and the victim F (the 45 years of age) of E, a woman of Matrimonial engagement, drink alcohol together with the victim E, the victim under the influence of alcohol entering the room, and the victim under the influence of alcohol, at around 04:00 on the same day, opened a visit that is not corrected in the room in which the victim is self-employed, and was under the influence of alcohol, and was in the influence of alcohol, the Defendant exceeded the panty of the victim under the influence of alcohol by hand, and raped the victim by inserting the victim's sexual organ into the part of the victim's sound.

Summary of Evidence

1. Partial statement of the defendant (the statement that the defendant has quasi-rapeed the victim);

1. Application of Acts and subordinate statutes on police statements made to F and E;

1. Relevant Article 3 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and the elective Punishment of Sexual Crimes, Articles 319 (1) and 299 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. Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from an order to disclose or notify information, 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 possibility of recidivism by the Defendant’s sexual crime, the degree and expected side effects of the Defendant’s disadvantage due to an order to disclose or notify the information, the preventive effect of the sexual crime subject to registration that may be achieved due to such order, and the effect of protecting the victims from the sexual crime subject to registration, there are special circumstances in which the Defendant may not disclose or notify personal information to the public;

I think)

Defendant

Judgment on the Defense Counsel's argument

1. Summary of the assertion

A. The defendant.