logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 광주지방법원 목포지원 2014.12.18 2014고합101
성폭력범죄의처벌등에관한특례법위반(강간등상해)
Text

A defendant shall be punished by imprisonment for five years.

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

Reasons

Punishment of the crime

On June 28, 2014, around 04:30, the Defendant opened an entrance that was not corrected at the same residential location and the miscellaneous point of the victim E (n, 61 years of age) located in the Gun of Yong-do, Chungcheongnam-do, Seoul, and intruded the victim to the inside where the victim is able to sleep.

The defendant saw the body of the victim, such as the victim's 5-6 times, head, and bridge, when the victim satisfes the body of the victim's left side, 5-6 times in sleep, and satisfs the victim's resistance, and led the victim to satisfe the victim's chest and drinking with her hand, let the victim satfes the victim's chest and drinking part of the victim's chest and satisfe the victim's sexual organ by her hand, and put the victim's finger into the part of the victim's sound, but did not put the victim's finger into the part of the victim's sound, but did not put the victim's finger into the part.

As a result, the defendant invadedd the victim's residence and attempted to rape the victim, and suffered bodily injury such as cage cage cages, etc. which require approximately four weeks of medical treatment.

Summary of Evidence

1. Partial statement of the defendant;

1. The witness E’s legal statement (a defendant asserts that he/she has assaulted the victim for rape and that there was no fact that he/she attempted to rape, but the credibility of the victim’s statement may be acknowledged in light of the details of the victim’s specific statement from the investigative agency to the investigation agency, the attitude and circumstance of the victim’s statement);

1. Opinions, the application of each statute of diagnosis;

1. Relevant Articles 8 (1), 15, and 3 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and Articles 319 (1) and 297 of the Criminal Act concerning the facts constituting an offense;

1. Mitigation of discretionary mitigation under Articles 53 and 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;

1. Articles 47(1) and 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, which require disclosure or notification, and children or juveniles;

arrow