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(영문) 춘천지방법원 강릉지원 2016.09.22 2016고합55
성폭력범죄의처벌등에관한특례법위반(주거침입준강간)
Text

A defendant shall be punished by imprisonment for not less than two years and six months.

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

Reasons

Punishment of the crime

On July 30, 2016, the Defendant, at around 23:00 on July 30, 2016, performed alcohol with the victim E (n, 24 years of age) who was silentd in the above pention while working as an employee at Dial Corporation in the East Sea C, and had been aware of the fact that the victim was locked to the mix B B 14th floor of the mixed mix B, and had been willing to have sexual intercourse with the victim.

The Defendant opened the entrance of the above heading room and intruded into it, and dumpeded the victim’s chest, etc. with a depth of alcohol, and exceeded, and had sexual intercourse once with the victim.

Accordingly, the defendant, after intrusion upon the victim's room, has sexual intercourse with the victim by taking advantage of the victim's non-opportune condition.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

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

1. Relevant Article 3(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, Articles 319(1) and 299 of the Criminal Act, and the choice of an organic imprisonment with prison labor;

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

1. Article 47(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from an order to disclose or notify, the proviso to Article 49(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse (the motive and background of the instant crime, the Defendant’s history of having no record of punishment for a sex crime), etc., are likely to recommit

It is difficult to conclude that the defendant's age, disclosure order, or notification order takes into account the degree and expected side effects of the defendant's disadvantage, the prevention effect of sexual crimes subject to registration, the effect of protecting the victim, etc.

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