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(영문) 서울중앙지방법원 2015.01.30 2014고합1483
성폭력범죄의처벌등에관한특례법위반(주거침입준강간)
Text

1. The punishment of the accused shall be determined by two years and six months;

2. A program for treating sexual assault for 80 hours against the accused.

Reasons

Punishment of the crime

around 02:00 on November 14, 2014, the Defendant: (a) reported that the victim E (34 years of age, female) was under the influence of alcohol and left to the 301 room after being able to get a confection; and (b) decided to have sexual intercourse with the victim.

Accordingly, the Defendant: (a) opened a non-Correctioned 301 visit; and (b) infringed upon her panty; (c) went off from the victim’s panty and panty; and (d) inserted the victim’s sexual organ into the sound part of the victim’s panty.

Accordingly, the defendant has sexual intercourse with the victim by infringing upon the room occupied by the victim and using the state of mental disorder of the victim who was under the influence of alcohol.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement to F and the victim E;

1. A protocol of seizure, certificate of seizure, voluntary submission, list of seizure, and a written waiver of ownership;

1. Investigation report (Listening to the statement of the vice president of the DNA trading partners, and hearing of statements from witnesses; and

1. Application of statutes to each request for appraisal, a written appraisal, a written appraisal of DNA samples, a written consent to the collection of DNA samples, a report on the collection of DNA samples, a response to requests for appraisal

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

1. Article 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation (including the following favorable 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) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and Article 49 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. Grounds for sentencing under Article 49 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and Article 50 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. Scope of recommendations;

(a)the type of sex offenses, general standards, rapes (subject to the age of 13) and Type 2 (Rape/special rapes, including rape/residential intrusion by relatives relations);

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