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(영문) 수원지방법원 안양지원 2017.06.23 2016고합269
성폭력범죄의처벌등에관한특례법위반(주거침입유사강간)
Text

A defendant shall be punished by imprisonment for three years.

However, the execution of the above sentence shall be suspended for a period of five years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On November 23, 2016, at around 19:50, the Defendant: (a) d'E', the Defendant f (n, 44 years of age, and Ga) was fluord with the Defendant’s “E” d', which, under the influence of alcohol, she was fluened by the Victim F (n, 44 years of age, and Ga) and 201; (b) discovered that G was locked from the inn or 201; and (c) caused the Defendant’s brucing of the Victim by taking advantage of the Defendant’s boom and clothes in a state of her resistance by breathing it; and (d) laid off the Victim’s brea and her clothes, and laid down his fingers at a part of the

As a result, the Defendant intruded into the room possessed by the damaged person, and raped by using the victim’s non-specing condition.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police in relation to F and G;

1. Each investigation report (No. 6,17 No. 17);

1. 112 Reporting case handling table;

1. Application of Acts and subordinate statutes to the written request for appraisal;

1. Relevant legal provisions and Article 3(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes elective Crimes, and Articles 319(1), 299, and 297-2 of the Criminal Act concerning the crime;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The main sentence of Article 16 (2) of the former Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Amended by Act No. 14412, Dec. 20, 2016)

1. Article 16 (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes against Social Service Order;

1. The personal information of the Defendant is disclosed in full view of various circumstances, including the Defendant’s age, occupation, family environment, social relationship, the benefits and prevention effect expected due to the instant disclosure order and notification order, and any disadvantage and side effect therefrom, etc., under Articles 47(1) and 49(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes Exempted from the disclosure order and notification order, 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.

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