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(영문) 광주지방법원 2018.04.13 2018고합62
성폭력범죄의처벌등에관한특례법위반(주거침입준유사강간)
Text

A defendant shall be punished by imprisonment for not less than two years and six months.

However, the execution of the above sentence for a period of three years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

The defendant is in the second grade of D University, and the victim E (V, the age of 19) is in the first grade of the same school.

On November 22, 2017, the Defendant: (a) while drinking alcoholic beverages together with the same department of the same line, including the victim, she continued to drink alcoholic beverages to go through a male accommodation of 208, which had been scheduled to go in Busan Young-gu Gel; (b) around November 23, 2017, around the new wall, the Defendant opened a entrance that was scheduled to go in the said room and to go in women’s lodging room; (c) intruded into the said room; and (d) continued to go out of the victim’s chest while under the influence of alcohol at the beds, and continued to get out of the victim’s buck and panty buck, and knick up into the victim’s quality.

As a result, the Defendant intruded the victim's room, and took advantage of the victim's resistance impossibility situation, and led the victim to force the victim between similar situations.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes on police statements made to E and H;

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. 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 62 (1) of the Criminal Act on the suspended execution (Article 62 (1) of the Criminal Act on the following grounds for sentencing);

1. The main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Violence Crimes;

1. Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from an disclosure order and a 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 [the background leading to the instant crime, the criminal records of the Defendant (no record of punishment for a sexual crime)], and the Defendant’s age, occupation, social relationship, details of and motive for the instant crime;

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