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(영문) 대전지방법원 홍성지원 2018.06.07 2018고합2
성폭력범죄의처벌등에관한특례법위반(주거침입강간등)
Text

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

The defendant shall be ordered to complete 40 hours of sexual assault treatment lectures.

Reasons

Punishment of the crime

On December 31, 2017, at around 06:11, the Defendant opened and entered the entrance door of the above room, which was not corrected in front of the 307 Maurel’s 307 room located in Chungcheongnam-nam Budget Group C, and found the victim E (a person under 42 years of age) who was locked in the bed in the bed with the bed while cutting off the clothes, and sexual intercourse by inserting the victim’s chest back to the back of the victim’s hand, and inserting the sexual organ into the part of the victim’s sound.

Accordingly, the defendant infringed on the victim's room and has sexual intercourse with the victim who is in an impossible state of resistance.

Summary of Evidence

1. A statement by the defendant in part of the court (a statement to the effect that the fact that the defendant, who she does not locked, she was off and she is about to take her clothes inside a telecom, is recognized);

1. Each legal statement of witness E, F and G;

1. Application of Acts and subordinate statutes to photographs, internal reports (to be accompanied byCCTV images and related photographs), screen pictures and photographs by capturing on-site CCTVs;

1. Relevant Article 3 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Aggravated Punishment, Etc., and Articles 391 (1) and 299 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. The main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order;

1. There is a risk of sexual assaulting or recommitting a crime because a child exempted from an order of disclosure and notification has no record of punishment for a sexual crime, under the proviso to Article 49 (1) or the proviso to Article 50 (1) of the Act on the Protection of Juveniles against Sexual Abuse (the defendant has a record of punishment for a

It is difficult to readily conclude.

It can be effective to prevent recidivism of the defendant only with the registration of personal information on the defendant and the completion of the sexual assault therapy.

I seem to appear.

In addition, the defendant's age, family environment, social relationship, and disclosure notification order are considered as a whole the various circumstances shown in the records, such as the disadvantage and anticipated side effects of the defendant's suffering, and the prevention effect of sexual crimes that can be achieved thereby.

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