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(영문) 서울중앙지방법원 2016.06.24 2016고합358
성폭력범죄의처벌등에관한특례법위반(주거침입준강간)
Text

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

To order the defendant to complete a sexual assault treatment program for 80 hours.

Reasons

Punishment of the crime

On February 22, 2016, from around 02:51 to 03:40 on the same day, the Defendant opened a studio in Jung-gu Seoul, Jung-gu, Seoul, with a view to having sexual intercourse with the victim D (the name of the victim, the 19-year old) who was divingd at the bed in the bed while under the influence of alcohol by opening a studio where the victim lives in the bed room, and inserted the entrance into the studs of the victim after having closed the entrance and cutting off the entrance, and putting the chest and the studs of the victim into the studs of the victim, and putting them into the studs of the victim.

Accordingly, the defendant violated the victim's residence and sexual intercourse with the victim in a state of non-refluence.

Summary of Evidence

1. Statement by the defendant in court;

1. Protocol concerning the interrogation of suspects of E by the prosecution;

1. Each police statement made with respect to D (alias) and F;

1. A response to each request for appraisal and a written appraisal (the list Nos. 48,50);

1. Application of Acts and subordinate statutes to photographs by cutting off on-site photographs and CCTV images;

1. Relevant Article 3 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and the elective Punishment of Sexual Crimes, Articles 319 (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 shall be considered for 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. Article 47(1) and Article 49(1) proviso to Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from an order to disclose or notify information; Article 50(1) proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse (the first offender who has no record of criminal punishment; the Defendant repents and reflects his/her mistake; and the Defendant’s age, occupation, family environment, social relationship, etc. recognized in the record can prevent recidivism even if the Defendant’s personal information is registered and sexual assault treatment programs are completed;

In full view of the fact that we look at, the personal information of the defendant.

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