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(영문) 수원지방법원 안산지원 2017.11.24 2017고합233
성폭력범죄의처벌등에관한특례법위반(주거침입준강간)
Text

A defendant shall be punished by imprisonment for four years.

The defendant shall be ordered to complete a sexual assault treatment program for 80 hours.

Reasons

Punishment of the crime

The part of the facts charged was revised to the extent that it does not interfere with the defendant's defense right.

The Defendant is a person who has worked as an employee in Ansan-si, a member C.

On June 24, 2017, at around 06:21, the Defendant: (a) known that the victim E (the 23-year old age), who was administered with a fluoral axis in the influence of alcohol, left the mixed, and opened a guest room entrance, and inserted the Defendant’s sexual organ into the part of the victim’s drinking part of the fluor where the fluoring beverage containing the fluorm, which is exempted from water entering the entrance.

Accordingly, the defendant, after intrusion into the room, had sexual intercourse with the victim by taking advantage of the victim's mental and physical loss or arbitrative condition.

Summary of Evidence

1. Statement by the defendant in court;

1. Copy of the police statement made to E;

1. Copy of the investigation report (No. 8 of the evidence list), each investigation report (No. 11, 13, 18, 31 of the evidence list);

1. Copy of each request for appraisal (No. 5, 6, and 9) and each request for appraisal (No. 15, 26) and each request for appraisal (No. 15, 26);

1. Application of Acts and subordinate statutes, such as details of access by 503 and suspect photographs;

1. Article 3 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, Articles 319 (1) and 299 of the Criminal Act and the choice of imprisonment with prison labor for abandonment, in relation to the crime;

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 against Sexual Crimes;

1. Exemption of an disclosure order and notification order shall include the registration of personal information and sexual assault against the Defendant in light of Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, 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 (the Defendant has no record of punishment for a sex offense, the Defendant’s mistake is divided, the Defendant’s age, occupation, family environment, and social relationship.

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