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(영문) 수원지방법원 안산지원 2016.08.12 2016고합87
성폭력범죄의처벌등에관한특례법위반(특수준강제추행)
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

Seized one knife (No. 1) shall be confiscated.

For the defendant.

Reasons

Punishment of the crime

The Defendant, at around 02:10 on March 24, 2016, sent soup to the “E” room located in Ansan-si, Ansan-si, Annsan-si, abrying room of a woman who locked at that place, brying so that he can see the women’s sound body by tearing soup clothes and inner clothes.

At around 02:40 on the same day, the Defendant discovered the Victim F (F) who was divingd by the Defendant at the above E surface of the water, and found the victim’s knife at the same location, and then came into the victim with a knife knife knife, which is a dangerous object that was prepared in advance by the victim, ( approximately 15cm in total length, approximately 7cm in length, and No. 1) of the knife knife, which is a dangerous object from the victim’s back, and then came into the victim with the above knife from the knife to the knife part.

Before her her panty from her upper to her straw, the victim’s her her senm was examined, and the victim’s her senm was cut in front to the front part of the victim’s her mam from the front part of the her mam to the her mam.

Accordingly, the defendant committed an indecent act by taking advantage of the victim's condition of resistance impossibility with dangerous things.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. Related photographs, such as seized articles;

1. Application of the existing Acts and subordinate statutes of the blades (No. 1) seized;

1. Article 4 (3), (1) and (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes under the relevant Act on Criminal Crimes, Article 299 of the Criminal Act;

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. Article 48 (1) 1 of the Criminal Act to be confiscated;

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) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Aggravated Punishment, etc. of Sexual Crimes Exempted from disclosure and notification order of registered information, the proviso to Article 49(1) and the proviso to Article 50(1) of the Act on the Protection of Juveniles against Sexual Abuse - The Defendant led to the confession of the instant crime and against his mistake.

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