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(영문) 대구지방법원 2018.01.19 2017고합410
성폭력범죄의처벌등에관한특례법위반(절도준유사강간)등
Text

A defendant shall be punished by imprisonment for not less than three years and six months.

The defendant's information about the defendant is used through an information and communications network for a period of five years.

Reasons

Punishment of the crime

Defendant

In the vicinity of D Station located in Daegu-gu, Daegu-gu, around 00:42 on August 2, 2017, the claimant for the observation order for protection (hereinafter referred to as the "defendant") : (a) the 2nd executive of the victim E (a person under the influence of alcohol, i.e., the victim’s house, and the victim’s house are collected; and (b) the victim et al. al. reported that the 2nd executive of the victim E (a person under the influence of alcohol, i.e., the name, son) was drunk and went back to the bicycle.

The victim's home address in the Gangnam-gu Seoul Metropolitan Government F apartment was discovered.

From 01:30 to 04:30 on the same day, the Defendant entered the victim’s house and intruded into the victim’s house by an influence method, and found the victim who is under influence of alcohol and added the victim’s left hand to the part of the victim’s sound.

As a result, the Defendant attempted to steals property by intrusion upon the victim's residence at night, but did not bring about the intent, and thus, the Defendant committed similar rape by putting the fingers into the victim's sexual flag by taking advantage of the victim's non-subsible state.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to E, G, and H;

1. Application of Acts and subordinate statutes to CCTV photographs;

1. Relevant Article 3 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and Selection of Punishment, etc. of Sexual Crimes; Articles 342, 330, and 297-2 of the Criminal Act;

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 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, the main sentence of Article 49(1) and the main sentence of Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. Where a conviction becomes final and conclusive against a defendant who has registered personal information under the main sentence of Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order, the accused shall obtain personal information pursuant to Article 42(1) of the Act on Special Cases concerning the Punishment,

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