logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울서부지방법원 2017.11.16 2017고합134
성폭력범죄의처벌등에관한특례법위반(주거침입준강간)
Text

A 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

At around 03:35 on February 16, 2017, the Defendant: (a) 308 of “H telecom” located in Seodaemun-gu Seoul, Seodaemun-gu, Seoul; (b) 1 of the victim I (the victim I, 25 years old), who was met at a meeting of the club prior to that event, was deprived of the victim, together with J, a member of the same club, who was under the influence of alcohol, and laid the victim into the above room, and left the room, without locking the visit; (c) she was flad with J, and she was flad with the victim, and immediately she was fladd with the victim, and she was flading the victim for rape.

The Defendant opened the door of the above Moel room, and laid off all the clothes of the victim under the influence of alcohol who locked, laid down the chest, laid down the chest, and added the fluor of the fluor.

Thus, the defendant invaded into the room possessed by the people, and has sexual intercourse with the female by taking advantage of the victim's non-opportune condition.

Summary of Evidence

1. Partial statement of the defendant;

1. A witness I and each legal statement of the J;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Investigation report (verification and investigation of CCTV at the scene of damage), CCTV at the scene of damage, video CDs;

1. Application of each request for appraisal-related Acts and subordinate statutes;

1. Relevant Article 3 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and the elective Punishment of Sexual Crimes, Articles 319 (1) and 299 of the Criminal Act concerning criminal facts;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

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 information, 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 fact that the defendant has no record of punishment for a sex crime before the crime of this case has been committed, the sentence of a sentence, the completion of a sexual assault treatment program, and the registration of personal information can prevent the defendant from repeating the crime to a certain extent;

In addition, the defendant's age, occupation, family relationship and social relationship, and the details of the crime of this case.

arrow