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(영문) 창원지방법원 진주지원 2016.05.19 2016고합14
성폭력범죄의처벌등에관한특례법위반(특수강도강간)
Text

A defendant shall be punished by imprisonment for ten years.

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

Reasons

Punishment of the crime

The Defendant, while living alone without any occupation, received money from the victim C (the age of 83) who lives in the next house to purchase tobacco.

At around 23:00 on February 15, 2016, the Defendant: (a) went to the house of the victim located in Jinju-si, Jinju-si; (b) opened an unresh door door; (c) intruded the victim’s face; and (d) divided the victim’s body into the Defendant’s body to cover the victim’s body; (d) cut off the victim’s part; (e) cut off the victim’s part; (e) cut off the victim’s part; and (e) took the victim’s cash owned by the victim from the victim’s part; and (e) took the victim’s part in his part; (e) took the victim’s part in his part in his part; and (e) took the victim’s part in his part in his part; and (e) took part in his part in his part; and (e) took part in his part in his part, she had sexual intercourse once with the victim

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the prosecution against C;

1. Investigation report (a photographic paper taken of a locker by inserting a strong cash), on-site photograph;

1. A list of seizure records (voluntary submission), and a list of seizure;

1. A survey report on actual conditions;

1. A gene appraisal report (204 pages of investigation records);

1. Application of statutes on medical records to victims of sexual assault and photographs of damaged articles;

1. Article 3 (2) of the relevant Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Aggravated Punishment, etc. of Sexual Crimes and Articles 334 (1), 333, and 297 of the Criminal Act concerning the crime;

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) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and the main sentence of Article 49 (1) 2 of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. Where a conviction becomes final and conclusive on the facts constituting a sex crime subject to registration and submission of personal information under Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and Article 50(1)2 of the Act on the Protection of Children and Juveniles against Sexual Abuse.

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