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(영문) 수원지방법원 성남지원 2016.01.12 2015고합246
성폭력범죄의처벌등에관한특례법위반(주거침입준강간)
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A defendant shall be punished by imprisonment for three years.

However, the execution of the above punishment shall be suspended for five years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On July 11, 2015, the Defendant became aware of the Victim E (41) first at a friendship group called “D”, a smartphone, around July 11, 2015.

On July 11, 2015, the Defendant, at around 22:40 on July 22, 2015, performed alcohol with members of the friendship group including the above victim, and the victim, together with the members of the friendship group, took the victim into account as 105 “Gel” in the Jung-gu Seoul Special Metropolitan City F.

After having taken the victim's body into the telecom, the Defendant: (a) told the victim to check the victim's body and rape the victim to the extent that it is impossible to hold the victim's body; and (b) had the victim go through other daily behaviors around July 11, 2015; (c) had the victim h with the victim's pets; (d) had the victim's pets; and (e) had the victim's kid; and (e) contacted the victim's 105 room room where the victim was locked; and (e) had the victim invadedd, around 23:19 on the same day, he raped the victim by inserting the victim's reflect, kick, and inner clothes; and (e) inserting the victim's own sexual organ into the negative part of the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to E, I, H, J, and K;

1. Written response to each gene appraisal;

1. Application of the Acts and subordinate statutes on CCTV photographs;

1. Article 3 (1) of the relevant Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Aggravated Punishment, etc. of Sexual Crimes and Articles 319 (1), 299, and 297 of the Criminal Act concerning criminal facts;

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1. Article 62 (1) of the Criminal Act on the suspended execution (Article 62 (1) of the Criminal Act on the following grounds for sentencing);

1. The community service order under Article 62-2 of the Criminal Act;

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

1. Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from an order to disclose or a notification order; the proviso to Article 49(1) and Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse.

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