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(영문) 인천지방법원 2018.12.21 2018고합630
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 40 hours.

Reasons

Punishment of the crime

On August 25, 2018, at around 02:30 on August 25, 2018, the Defendant discovered the victim D (Ga name, 24 years old) who returned home from the C Station C in Gyeyang-gu Incheon, Gyeyang-gu, Incheon, and followed the victim's back.

At around 02:40 on the same day, the Defendant got away from the victim's stairs above the stairs in Gyeyang-gu Incheon apartment apartment door, and she was able to take care of the victim's face on one hand between the 1st floor and the 2nd floor stairs, leaving the victim's face several times due to drinking, and she was able to have the victim's chest and the part of the sound her chest and the part of the sound.

As a result, the defendant invadedd the victim's residence and forced the victim to commit an indecent act. During that process, the defendant committed a serious satis and face satisfying with no one in two open to require treatment for about 10 days.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with respect to D;

1. A written statement of D;

1. A report on evaluation of criminal damage;

1. Application of Acts and subordinate statutes to a criminal investigation report (Attachment of photographs on the upper part of the body), a criminal investigation report (verification of the relative of the suspect), a criminal investigation report (Attachment of a medical certificate), and a criminal investigation report (Attachment of photographs on the part of the victim);

1. Relevant Article 8(1) and Article 3(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, the Punishment, etc. of Sexual Crimes on the Crime, Articles 319(1) and 298 of the Criminal Act, and the choice of imprisonment with prison labor for abandonment;

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 shall be considered for 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. The main sentence of Article 56 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from an order to disclose or notify information, 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 (the defendant has no record of criminal punishment and personal information).

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