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(영문) 대구지방법원 2017.02.17 2016고합413
성폭력범죄의처벌등에관한특례법위반(주거침입준강간)
Text

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

The defendant shall be ordered to complete the sexual assault treatment program for 40 hours.

Reasons

Punishment of the crime

On April 4, 2016, the Defendant intruded into the victim F (F, 20 years of age) at the Enb, Daegu Jung-gu, Daegu-gu, about 202.

The Defendant had sexual intercourse with the victim by taking advantage of the victim’s potential to resist with the victim’s sleep, and was placed on the victim’s body, and inserted his sexual organ into the victim’s negative organ once.

As a result, the Defendant intruded into the room possessed by the victim, and raped the victim by taking advantage of the victim’s mental and physical loss or arbitrariable condition.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made with respect to G (tentative name) and H;

1. The investigation report (the sequence 13 in the list of evidence);

1. Application of Acts and subordinate statutes to gene appraisal certificates;

1. Article 3 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes under the relevant Act on Criminal Crimes, Articles 3 (1) and 299 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 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) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from an order to disclose or notify, and Article 49(1) 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 (no record exists that the defendant has been punished for a sex offense, and there is a risk of recidivism or recidivism of a sexual crime against the defendant in light of the background of the crime in this case, his/her age and character and conduct, occupation, family environment, social relationship, etc.

In full view of the social benefits expected by an order to disclose or notify the personal information of the accused, and all the circumstances such as the effect of preventing sexual crimes and the disadvantages and expected side effects of the accused, there are special circumstances in which the personal information of the accused may not be disclosed or notified.

I think)

The defendant's mental and physical weakness argument.

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