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(영문) 대전지방법원 2013.05.15 2013고합4
성폭력범죄의처벌등에관한특례법위반(주거침입강간등)등
Text

A defendant shall be punished by imprisonment for three years.

The defendant shall be ordered to complete a sexual assault treatment program for 40 hours.

Reasons

Punishment of the crime

On December 20, 2012, at around 05:30, the Defendant discovered the victim D (Woo, 17 years of age) who walked in his house under the influence of alcohol while on the front of Seo-gu Daejeon, Seo-gu, Daejeon, and tried to rape the victim.

The Defendant followed the victim, at the victim’s residence in the above Carryover 204, carried the instant door door to close the victim’s door, and infringed on the victim’s residence, and, at the victim’s time, forced the victim’s resistance by blocking the victim from leaving the victim’s seat by hand, forced the victim from all the clothes of the victim’s clothes, and had the victim sexual intercourse once by inserting the Defendant’s sexual organ into the part of the victim’s sound.

Accordingly, the defendant invadedd the residence of the victim who is a child or juvenile, and raped the victim.

Summary of Evidence

1. Statement of the accused in the first protocol of trial;

1. Each statement made by the police in relation to D;

1. Application of each Act or subordinate statute to the statement in a letter of summons;

1. Article 3 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes under the relevant Act on Criminal Crimes, Articles 319 (1) and 297 of the Criminal Act (a point of rape after entering a residence), and Article 7 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse (a point of juvenile rape);

1. Punishment provided for in Articles 40 and 50 of the Commercial Concurrent Crimes Act (a punishment imposed on any violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes with heavy punishment);

1. Selection of punishment and limited imprisonment;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Article 13 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. Article 38 (1) 1 and (3) of the Act on the Protection of Children and Juveniles against Sexual Abuse, which shall be ordered to disclose;

1. The criminal facts of a sex offense against a child or juvenile who has registered personal information under Article 38-2(1)1 and (3) of the Act on the Protection of Children and Juveniles against Sexual Abuse shall be based on the judgment.

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