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(영문) 창원지방법원 2013.05.02 2013고합52
성폭력범죄의처벌등에관한특례법위반(주거침입강간등)
Text

A defendant shall be punished by imprisonment for three years.

However, the execution of the above punishment shall be suspended for five years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

At around 06:40 on March 3, 2013, the Defendant: (a) invaded on the home of the victim D(20 years of age and women) 409 at Changwon-si, Changwon-si; (b) kiddd the victim’s chest and the chest and brue of the victim; (c) kid the victim’s eye and brue; and (d) flad the victim’s eye and brue; and (e) flad the victim’s sexual intercourse once by threateninging the victim’s resistance by inserting the victim’s sexual organ into the part of the victim’s sexual organ.

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

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. Application of the police statement law to D;

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

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

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

1. The proviso of Article 37(1) and the proviso of Article 41(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes Exempted from the Disclosure Order and Notification Order (the defendant has no criminal records with his/her age of 19 years, the defendant reflects his/her mistake, and the defendant voluntarily surrenders himself/herself to the police, it is difficult to view that the defendant is in danger of recidivism of sexual crime or recidivism, and thus, there is no special circumstance to not disclose and notify his/her personal information.) where the conviction of the defendant against the crime of this case is finalized, the defendant who is registered with personal information is a person subject to registration of personal information pursuant to Article 32(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, and thus, is obligated to submit his/her personal information to a competent agency

Reasons for sentencing

1. The scope of punishment by law: Imprisonment; and

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