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(영문) 서울남부지방법원 2014.09.19 2014고합264
성폭력범죄의처벌등에관한특례법위반(주거침입강간등)
Text

A defendant shall be punished by imprisonment for a maximum term of three years and a short term of two years and six months.

The defendant is about 120 hours of sexual assault treatment program.

Reasons

Punishment of the crime

On May 6, 2014, around 05:50 on May 6, 2014, the Defendant was trying to gather the victim D (n, 20 years of age) that was known by combining the victim with the drinking place prior to the foregoing day before the Guro-gu Seoul Metropolitan Government Award, and had the victim wanting to discuss and entered a female toilet on the first floor of the above commercial building, and had no criminal behaviors around the world, and was rape.

Accordingly, the Defendant: (a) caused the victim, who was frightened in the above female toilets where he was the victim, and she was frightened, and frightened with his chest, and frightened the victim's hair, frightened with his left hand, frightened the defendant's hair, frighted with his hair, frighted the victim's hair, prevented the victim from resisting the victim's bridge between the victim's bridge and forcedly resisting the victim's bridge; (b) attempted to put his finger hand into the part of the victim's sound, frighten and rape; (c) however, the Defendant attempted to commit an attempted crime with the victim's finger, frightening the victim's sound, frighten or sound, with the victim or the victim frighten.

Summary of Evidence

1. Defendant's legal statement;

1. Application of each police protocol of statement to D;

1. Relevant Articles 15 and 3 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and Article 319 (1) of the Criminal Act concerning criminal facts, and Articles 319 (1) of the Criminal Act;

2. Mitigation of attempted crimes under Articles 25 (2) and 55 (1) 3 of the Criminal Act;

3. Articles 2 and 60 (1) of the Juvenile Act, which are illegal;

4. The main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes.

5. The defendant's age, occupation, and circumstance that "it is deemed that there are any special circumstances that may not disclose or notify personal information," stipulated under Articles 47(1) and 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from disclosure order and notification order, 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, as an exception to disclosure order and notification order."

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