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(영문) 인천지방법원 2015.07.08 2015고합284
성폭력범죄의처벌등에관한특례법위반(주거침입유사강간)
Text

A defendant shall be punished by imprisonment for not less than two years and six months.

To order the defendant to complete a sexual assault treatment program for 80 hours.

Reasons

Punishment of the crime

On April 30, 2015, at around 03:50, the Defendant entered the third female toilets of the building D, Namdong-gu Incheon Metropolitan City, in mind that the victim E (n, 20 years of age) entered the side partitions and went beyond the toilet partitions in which the victim was suffering from rape.

The defendant of the defect that the victim opened a door to play and the victim intends to flee, and then pushed the victim to the changeer of the toilet, and pushed the victim into the toilet.

After that, the Defendant saw the victim's timber through sound, exceeded the victim's inner panty and panty, putting the victim's name into the brode, putting the victim's finger into the brode, talked with the victim's chest, and followed up the victim's chest.

Although the Defendant tried to dump off the bus and inserting the sexual flag into the cump of the victim, the victim did not insert it into the cump, and added his sexual organ into the mouth of the victim.

As a result, the Defendant intruded the toilet partitions possessed by the victim of a structure, and raped the victim.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement of the victim;

1. Statement of witness F by the police officer;

1. On-site photographs;

1. Application of Acts and subordinate statutes on internal investigation reports;

1. Relevant Article 3 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, Articles 319 (1) and 297-2 of the Criminal Act concerning the facts constituting an offense, and the choice of imprisonment for life;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 6 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed;

1. Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from the 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 has no record of criminal punishment for the Defendant prior to the instant case, and the Defendant.

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