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(영문) 서울중앙지방법원 2012.11.01 2012고합1115
성폭력범죄의처벌및피해자보호등에관한법률위반(특수강간)
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A defendant shall be punished by imprisonment for five years.

The information on the accused shall be disclosed through an information and communications network for five years.

Reasons

Punishment of the crime

On September 23, 2003, at around 05:20 on September 23, 2003, the Defendant opened a door door that was not corrected at the victim’s house located in Gwanak-gu L Building 213 and intruded on the victim’s residence.

Accordingly, the victim, who was satisf at the bed, satisf, the shoulderer, the defendant covered the victim's face and obstructed the victim from being satisfed with the victim's face, with the victim's hand, and "insatisf insatt". The victim followed the victim's hand, led the victim to satisfe against the victim's resistance, and then raped one time by putting the victim's clothes out of the victim's inner part and inserting his sexual organ into the victim's body.

Accordingly, the defendant invadedd the victim's residence and raped the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the police officers to K and the prosecutor's protocol of statement to K;

1. Article 5(1) of the Act on the Punishment of Sexual Crimes and the Protection of Victims thereof (Amended by Act No. 6995, Mar. 12, 2004); Article 319(1) and Article 297 of the Criminal Act (amended by Act No. 10259, Apr. 15, 2010); Article 42 of the former Criminal Act (amended by Act No. 10259, Apr. 15, 2010);

1. Grounds for sentencing (where conviction on the charges of this case, which are sexual crimes subject to registration, is finalized) under Articles 37(1)1 and 41(1)1 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, Article 2(2) of the Addenda (Amended by Act No. 10258, Apr. 15, 2010) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes subject to Registration of Personal Information, Articles 32(1) and 33 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, Article 2(1) of the Addenda (Amended by Act No. 10258, Apr. 15, 2010

1. The scope of applicable sentences by law: Imprisonment for not less than five years nor more than 15 years; and

2. Application of the sentencing criteria [criminal types] sex crimes, general standards, and

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