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(영문) 수원지방법원 성남지원 2019.09.19 2019고합116
성폭력범죄의처벌등에관한특례법위반(주거침입유사강간)등
Text

Defendant shall be punished by imprisonment for not less than three years and six months.

The defendant shall be ordered to complete the sexual assault treatment program for 40 hours.

Reasons

Criminal facts

On April 26, 2019, at around 03:20 on April 26, 2019, the Defendant intruded the victim C (name, b, 20 years of age) with the entrance where the victim C (name, b, c, and 20 years of age) residing in Gwangju City through the entrance where the household was not corrected, and hump of the victim, and humpeded the victim by inserting his hand, and hump of the victim's hump in which the hump was located in the lock house, and hump of the victim's face, "hump" was hump of the victim, and hump was put into the victim's and the hump and the hump, even though the victim resisted against the victim's resistance.

As a result, the defendant invadeds on the residence of the victim, and caused violence and intimidation, thereby putting the victim's fingers into the victim's sound part and resistance and committing similar rape.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. Statement to C by the police;

1. A response to a request for appraisal, such as a report on investigation (NA appraisal results), a request for genetic appraisal, etc., and a written genetic appraisal;

1. Application of Acts and subordinate statutes to investigation reports (CCTV comprehensive analysis), investigation reports (on-site photographs attached thereto);

1. Relevant Article 3 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, the Articles 319 (1) and 297-2 of the Criminal Act concerning the facts constituting an offense, and the punishment of a sexual crime selected;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

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

1. The main sentence of Article 56 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse; Article 2 of the Addenda to Welfare of Persons with Disabilities (Act No. 15904, Dec. 11, 2018); the main sentence of Article 59-3 (1) of the Act on Welfare of Persons with Disabilities

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 have no record of punishment for sexual assault crimes, a sentence of punishment against the accused, and personal information.

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