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(영문) 부산지방법원 2013.12.20 2013고합734

성폭력범죄의처벌등에관한특례법위반(주거침입강간등)

Text

A defendant shall be punished by imprisonment for seven years.

The defendant shall be ordered to complete a sexual assault treatment program for 120 hours.

Reasons

Punishment of the crime

The Defendant continued to live with his wife and his wife even after having divorced from the Victim C (Min, 58 years of age) before 8 years ago, and maintained de facto marriage relations, and re-influened due to the habitual violence of the Defendant seven months prior to his death, and the Defendant considered that the cause was the victim who embarred his wife.

On September 16, 2013, at around 02:30, the Defendant opened and intruded the entrance door, which was locked by the front of the victim's house located in Busan Yung-gu, and was prepared in front of the victim's house. The Defendant found the victim's son at his inner bet, who is his own child, and tried to get out of the victim's bet the victim's knife from the lock door to the knife, and put the victim's knife into the knife part of the victim's knife, and forced the victim's knife to the knife.

Accordingly, the defendant invadeds on the victim's residence and putting the victim's fingers into the victim's sexual organ.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Application of Acts and subordinate statutes to investigation reports (referring to text messages sent by a suspect and attaching field photographs, etc.);

1. Relevant Article 3 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, Articles 319 (1) and 297-2 of the Criminal Act concerning the facts constituting an offense, and the choice of imprisonment for life;

1. Article 16 (2), (3), and (9) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order, Article 59 of the Act on Probation, etc.;

1. Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and the Reasons for sentencing under Article 49(1)2 and (3), the main sentence of Article 50(1)2 and the main sentence of Article 50(4) of the Act on the Protection of Children and Juveniles against Sexual Abuse [the scope of applicable sentences] from 5 to 30 years of imprisonment [the determination of a sentence], sex crimes, general standards, rape crimes (subject to 13 years of age or older), and Type 2 residential intrusion, etc.