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(영문) 광주지방법원 목포지원 2020.05.14 2019고합120
성폭력범죄의처벌등에관한특례법위반(강간등상해)
Text

A defendant shall be punished by imprisonment for three years.

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

Reasons

Punishment of the crime

The defendant is a neighbor who resides in the same floor as the victim (math, 83 years old), and does not have a common sense with the victim.

At around 05:50 on November 10, 2019, when the Defendant lacks the ability to discern things or make decisions, the Defendant opened and intruded inside the entrance that was not corrected at the time of the residence of the victim in Mapo-si B apartment and C, and then discovered the victim who was diving in the ward, cut off the victim's spanty and panty, and added the Defendant's sexual organ into the part of the victim's panty, but did not occur, but did not occur, the Defendant was able to have the Defendant's sexual organ in the victim's entry, and added the finger in several times to the part of the victim.

The Defendant continued to resist while making the victim’s words “Isle 90 gym, Isle hym hym hym hym hym hym hym hym hym hym hym hym hym hym hym hym hym.”

As a result, the defendant invadedd the victim's residence and raped the victim, and caused the victim's impairment of saves and saves that require approximately 2 weeks of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police officer with regard to the statement;

1. The statement of each police station and each police station;

1. On-site reports (verification ofCCTV images);

1. A written diagnosis of injury;

1. Application of Acts and subordinate statutes concerning CCTV image (D) (Evidence No. 1 of the submission of a defendant);

1. Article 8 (1) and Article 3 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and the elective Punishment, etc. of Sexual Crimes; Articles 319 (1) and 297-2 of the Criminal Act;

1. Under Articles 10(2) and (1), and 55(1)3 of the Criminal Act, the degree of exploitation of the accused at the time of the instant crime, and the reputation and health of the accused.

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