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(영문) 광주지방법원 순천지원 2019.01.24 2018고합169
성폭력범죄의처벌등에관한특례법위반(주거침입강간)등
Text

A defendant shall be punished by imprisonment for five years.

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

Reasons

Punishment of the crime

1. On August 23, 2018, the Defendant violated the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (rape-rape) opened a guest room in order to open the guest room at around 04:49 on August 23, 2018, and opened an entrance that was not corrected in C, and intruded into the room.

The defendant, who is a guest in the room, reported that the victim D (a 45 years of age) was satisfing in the room with his clothes, and exceeded the clothes of the victim, and sexual intercourse with the victim by inserting his sexual organ into the part of the sound part of the victim once.

Accordingly, the Defendant, after intrusion into the room possessed by others, had sexual intercourse with the victim by taking advantage of the victim's potential to resist.

2. At night, the Defendant had attempted larceny by opening a door that was not corrected as described in the preceding paragraph at the time, at the place specified in the preceding paragraph, and intrusion into the telecom, and had sexual intercourse with the victim, the victim followed the victim’s body behind the scam and the victim’s temporary proposal on the scam and the scam on the scam. However, the Defendant did not commit an attempted crime because it was impossible to locate the object to be stolen.

Accordingly, the defendant invadedd the room possessed by others at night, and tried to steals property, but did not have attempted to do so.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. A criminal investigation report (to take photographs of CCTV data in an generated place and in a backup business);

1. Application of Acts and subordinate statutes to gene appraisal certificates;

1. Relevant legal provisions concerning facts constituting an offense, and Article 3 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes elective Crimes, Articles 319 (1) and 299 of the Criminal Act, Articles 342 and 330 of the Criminal Act (a point of attempted larceny at night);

1. From among concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act (within the scope of adding up the long-term punishment of two crimes prescribed in the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes with heavy punishment) among concurrent crimes;

1. Order to complete a program;

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