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(영문) 인천지방법원 부천지원 2014.09.19 2014고합127
성폭력범죄의처벌등에관한특례법위반(주거침입강간등)등
Text

A defendant shall be punished by imprisonment for four years.

To order the defendant to complete a sexual assault treatment program for 80 hours.

Reasons

Punishment of the crime

1. The Defendant: (a) committed a violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, etc. of Sexual Crimes, with intent to detect and rape the victim C (at 58 years of age) returning home while drinking alcohol; and (b) committed a sexual intercourse once with the victim, with the victim’s panty, after opening his/her door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door up to door door door door door door door door door door door.

Accordingly, the defendant invadedd the victim's residence and raped the victim.

2. The Defendant: (a) committed rape to the victim at the time, place, as described in paragraph (1); (b) committed rape; and (c) took one of the LG Smartphones, the market value of which is equivalent to KRW 700,000,000, which was owned by the victim who was on the part of the victim.

Summary of Evidence

1. Statement of the accused in the first protocol of trial;

1. A protocol concerning the suspect examination of the accused;

1. Statement of the police statement regarding C;

1. Identification records at each site of the case;

1. The application of Acts and subordinate statutes governing requests for appraisal;

1. Relevant legal provisions concerning facts constituting an offense, Article 3 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Aggravated Punishment, Articles 319 (1), 297 of the Criminal Act, Article 329 of the Criminal Act, and Article 329 of the Criminal Act;

1. Aggravation of concurrent crimes among concurrent crimes as provided for in the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (aggravating concurrent crimes within the scope of the sum of the long-term punishments of the crimes specified in the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes with heavy punishment and the punishment for

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Article 16 (2) and (3) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order;

1. Articles 47(1) and 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from disclosure orders and notification orders.

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