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(영문) 부산지방법원 2018.01.05 2017고합438
성폭력범죄의처벌등에관한특례법위반(주거침입유사강간)
Text

A defendant shall be punished by imprisonment for three years.

The defendant shall be ordered to complete a sexual assault treatment program for 80 hours.

Reasons

Punishment of the crime

On July 22, 2017, at around 01:30, the Defendant came up on the side of the victim E (29 tax and female) located in Busan Young-gu, Busan, and went up to the inside where the victim is mixed with the victim through the front door of the entrance by going up beyond the retaining wall after the victim’s house and opening it. Then, the Defendant got into the inner door where the victim is mixed with the victim through the front door door of the entrance. Then, the Defendant was able to rhn the victim’s body to prevent the victim from suffering with his/her hands, rhiffing him/her with his/her body, and hiffing him/her with his/her body, and hiffing him/her into his/her body, and hiffing him/her into his/her body, and her fingers into it, thereby committing similar rape.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Application of each investigation report (not later than 14 times a year), reports on occurrence (voluntary indecent act), reports on results of identification at each site, and applicable statutes of response to requests for appraisal;

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

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) and Article 49(1) proviso to Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes subject to Disclosure Orders and Notification Orders; Article 50(1) proviso to Article 50 of the Act on the Protection of Children and Juveniles from Sexual Abuse [where the defendant’s family environment, criminal record, and the risk of recidivism, the degree of disadvantage and anticipated side effects of the defendant's entry due to the disclosure order or notification order; and the preventive effects of sexual crimes subject to registration that may be achieved therefrom, there are special circumstances in which the defendant may not disclose his/her personal information to the public;

[Judgment] Grounds for sentencing

1. Scope of punishment: Imprisonment with prison labor for up to two years from June to 15 years;

2. The scope of recommendations: Imprisonment with prison labor for up to five years to up to eight years.

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