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(영문) 대전지방법원 2020.01.23 2019고합319
성폭력범죄의처벌등에관한특례법위반(주거침입강간)
Text

A defendant shall be punished by imprisonment for five years.

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

Reasons

Punishment of the crime

On May 7, 2019, the Defendant, in the Seo-gu, Daejeon-gu, Seo-gu, Daejeon, had taken the mind to raped the victim D (n, 28 years of age) that was first sexually met, and went back to the front of the victim’s home.

At around 03:43 on the same day, the Defendant: (a) opened a door and opened a house in order to open the door and open the door, and intruded on the residence of the victim by inserting the hand.

The Defendant: (a) was tightly tightly tightly off the body of the victim; (b) prevented the victim from learning each hand by putting the victim’s knife; and (c) forced the victim’s resistance by taking a part in the body of the victim; (d) exceeded the victim’s clothes, and inserted the Defendant’s sexual organ into the part of the victim’s knife.

The Defendant, after committing the above crimes, placed the victim who entered a toilet on the bend in the bend, prevented the victim from getting knife each hand, and put the victim out of the clothes of the victim after suppressing the victim's resistance by putting the victim's body up, and inserting the victim's sexual organ into the part of the victim's body.

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

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness D;

1. Application of the Acts and subordinate statutes governing the inspection of the occurrence of the case, field photographs, police investigation reports (CCTV investigation reports), CCTV images, CCTV images, CCTV images CDs, and the request for appraisal;

1. Article 3 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, Articles 319 (1) and 297 of the Criminal Act, the selection of imprisonment for a limited term, and the choice of punishment;

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

1. Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from disclosure orders, notification orders, and employment restriction orders, and Article 49(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse.

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