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(영문) 대전지방법원 2018.07.06 2018고합170
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 a sexual assault treatment program for 80 hours.

Reasons

Punishment of the crime

The defendant and the victim C (n.e., the name) came to know through the mobile game, and the first time of December 9, 2017.

On December 9, 2017, around 18:40 on December 9, 2017, the Defendant provided meals with four members of the Game club, including the victim, in the vicinity of the E station located in Ansan-si, the same day, after drinking alcohol, the Defendant moved to the victim’s residence in Ansan-si, 22:00 on the same day, and led to a drinking place. On December 10, 2017, the victim who met around 11:00 on December 11, 2017, and the Defendant and G returned home from around 13:00 on the same day to the victim’s residence.

Accordingly, the Defendant, using the current identification number of the victim's residence, was able to rape the victim who was locked in the state of her being opened into his/her residence by using the victim's identification number in advance. At around 13:30 on the same day, the Defendant was unable to commit an attempted crime by returning back to the victim's residence, enjoying the secret identification number, intrusioning into the victim's body in the state of her being locked, leaving the victim's face, chest and negative body, leaving the victim in the state of her being locked, leaving the victim's face, chest and negative body, leaving the victim's face, talking the victim's chest and her part, and resisting the victim in order to inserting his/her sexual organ into it.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to C (tentative name);

1. Application of Acts and subordinate statutes to photographs of the victim's cellular phone (at least nine to one1);

1. Relevant legal provisions concerning the facts constituting an offense, and Articles 15 and 3 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes According to the Selection of Sexual Crimes, and Articles 319 (1) and 299 of the Criminal Act;

1. Mitigation of attempted punishment: Articles 25(2) and 55(1)3 of the Criminal Act;

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

1. Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from disclosure and notification orders, and Article 49 of the Act on the Protection of Children and Juveniles against Sexual Abuse.

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