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(영문) 수원지방법원 2019.02.14 2018고합301
성폭력범죄의처벌등에관한특례법위반(주거침입준강간)
Text

Defendant shall be punished by imprisonment for a term of one year and eight months.

The defendant shall complete a sexual assault treatment program for 100 hours against the defendant.

Reasons

Punishment of the crime

The defendant and B are friendships, and the victim C(n'e, life, age 20) is between D and friendlys.

On March 9, 2018, the Defendant, at F, was drinking together with B at the “F” house located in Suwon-gu, Suwon-si, Suwon-si, on March 22, 2018, and was drinking together with B, through the so-called “F” line that the Defendant provided at the above alcohol house, and was drinking together with the victim and D.

When the victim met, the Defendant, B, and D had the victim promised in advance with the victim, and had the victim go to the singing room only by three persons, and the Defendant got married immediately after the singing room.

At around 01:00 on March 10, 2018, the Defendant: (a) opened the entrance door in front of the entrance of the guest room H, which was secured by an influence method; and (b) sexual intercourse with the victim, who opened the entrance and opened the room and opened the room.

Accordingly, the defendant has sexual intercourse with the victim by taking advantage of the victim's mental or physical state of difficulty.

Summary of Evidence

1. Partial statement of the defendant;

1. The legal statement of the witness C (tentative name) and the legal statement of the witness D in part;

1. Some statements of the police officers and the suspect interrogation protocol of each prosecution against the accused;

1. A written statement of I;

1. Reports and investigation reports (a CCTV analysis for hotels);

1. All on-site photographs;

1. Application of Acts and subordinate statutes to contact information of the suspect at the site;

1. Articles 299 and 297 of the Criminal Act applicable to the facts constituting an offense;

1. Mitigation of discretionary mitigation under Articles 53 and 55(1)3 of the Criminal Act (The following favorable circumstances as described in the grounds for sentencing):

1. 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 and notification orders, the proviso to Article 49(1) and the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse are primary offenders, and personal information is disclosed in light of the characteristics of the accused, such as the method of committing the crimes, place of committing the crimes,

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