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(영문) 서울중앙지방법원 2018.11.02 2018고합549
성폭력범죄의처벌등에관한특례법위반(주거침입유사강간)
Text

A defendant shall be punished by imprisonment for six years.

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

Reasons

Punishment of the crime

On May 16, 2018, at around 04:10, the Defendant intruded into a female toilet on the first floor of Dongjak-gu Seoul Metropolitan Government building B, and moved back from the back of the victim C (the name, the string, 30 years of age) coming from the strings, to the strings for the disabled and led up to the strings for the disabled.

The defendant is placed on the floor of his place, and the defendant gets her chest by standing the victim's upper part and the brode above the victim's upper part and the brode, and if the defendant wants to die, she shall promptly do so.

“Intimidating the victim, the victim was forced to enter the victim’s sexual organ as soon as possible, put the Defendant’s fingers into the victim’s sound book, and rape, thereby resulting in approximately two weeks of medical treatment.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement made by the police with regard to C (tentative name);

1. Response to a request for appraisal;

1. Each medical certificate, each injury medical certificate, each prescription, each copy of medical records (report on the results of medical records rent and functional examination), records of medical treatment, copies of medical records (2018-09-0177), copies of medical records (2018-09-0178), and copies of medical records;

1. Investigation report (the accompanying of a suspect, a person accompanied by a suspect and the reasons for voluntary accompanying and arresting a suspect), investigation report (specific suspect and related to emergency arrest);

1. Photographs of the scene of the case taken by a police officer dispatched to the scene, a map surrounding the place of the case, and a route of suspect escape, CCTV screen, residential photo, residential photograph, or clothes that he/she sustained by himself/herself, and photographs of the victim, his/her photograph, or his/her photograph stroke of the victim, taken;

1. Application of CCTV-related Acts and subordinate statutes;

1. Relevant Article 8 (1) and Article 3 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Aggravated Punishment, Etc., and Articles 319 (1) and 297-2 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 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 Committed to Order;

1. Protection of children and juveniles against whom an employment restriction order is issued;

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