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(영문) 부산지방법원 서부지원 2019.10.31 2019고합164
성폭력범죄의처벌등에관한특례법위반(장애인강간)등
Text

A defendant shall be punished by imprisonment for three years.

The defendant shall be ordered to complete a sexual assault treatment program for 40 hours.

Reasons

Punishment of the crime

The defendant was a victim B (n, 46 years of age) and a person who had a relationship with the victim B.

On July 3, 2019, at around 07:30, the Defendant opened a gate that was not corrected when the victim’s house was located in Seo-gu, Busan, Seo-gu, and Hoho, and intruded into the victim’s house, and the locked in the room was attempted to get off the clothes of the victim, and put his sexual organ into the part of the victim’s sound, but the victim failed to dump and put them into the part of the victim’s sleep.

After that, the Defendant, as the victim gets away from the ward, called "knife where knife is knife," and, as if she does not come into his own demand, was frighted by the victim, and her sexual organ was inserted into the drinking part of the victim after the victim's knife knife is knife, being towed by the victim's hand, being towed by the victim's knife with another hand, the victim's bridge was knife by the victim's knife, and then

Accordingly, the defendant invadedd the victim's residence, and raped the victim by assault or intimidation.

Summary of Evidence

1. Defendant's legal statement;

1. Statements made by witnesses B in the second protocol of the trial;

1. Investigation report (verification of CCTVs at the victim's residence), investigation report (Attachment to photographs of the victim's residence), investigation report (in response to requests for appraisal and subsequent transmission);

1. Application of each existing statute referred to in subparagraphs 1 and 2, of seized evidence;

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

1. Article 53 or 55 (1) 3 of the Discretionary Mitigation and Mitigation Criminal Act (The following extenuating circumstances shall be considered among the reasons for sentencing):

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

1. Orders to disclose, notify, and exempt from employment restrictions orders;

(a) 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;

(b) Act on the Protection of Children and Juveniles against Sexual Abuse;

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