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(영문) 춘천지방법원 2015.10.20 2015고합82
성폭력범죄의처벌등에관한특례법위반(강간등치상)
Text

1. The defendant shall be punished by imprisonment for a period of two years and six months;

2.Provided, That the defendant is above 3 years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

Under the influence of alcohol, the Defendant committed the following crimes in a state of mental disability:

1. On July 19, 2015, the Defendant violated the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Bodily Injury resulting from Rape, etc.) invaded by the window opened in front of the residence of the victim F (the age of 83) in Chuncheon E on July 22 and 25, 2015, and committed an indecent act against the victim’s her will by taking advantage of the victim’s state of her ability to resist, thereby preventing the victim from being injured by his/her hand, and thereby resulting in an indecent act against the victim’s injury on the part of the victim.

2. The Defendant violated the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Indecent Act by compulsion of Residence) continued to commit the crime described in paragraph (1) at around 22:35 on the same day, opened a door door to the victim G in Chuncheon E, a house located in the said F, which had not been corrected in front of the residence of the victim G, who was in the vicinity of the said F, and intruded into the door. The Defendant was on the top of the said H by taking advantage of the victim H (the 14th age), who was going back to the front of the said door, taking advantage of the victim H’s state of refusal to resist (the 14 years of age), and

Summary of Evidence

1. Partial statement of the defendant;

1. Each police statement made to G, F, H, and I;

1. 8 photographs related to sexual crimes, six photographs of the damaged part of the victim F, and photographs of the injured part, such as rape;

1. Application of Acts and subordinate statutes to a medical certificate (F), a criminal investigation report (report of a doctor in charge related to a victim's medical certificate), an appraisal report;

1. Article 8 (1) and Article 3 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, Article 319 (1) and Article 299 of the Criminal Act, Article 3 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, Article 3 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, Articles 319 (1) and 299 of the Criminal Act concerning the crime;

1. Article 10 (2) and Article 55 (1) 3 of the Criminal Act for mitigation of mental disorders;

1. Of concurrent crimes, the former part of Article 37 and Article 38(1) of the Criminal Act are applicable;

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