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(영문) 대전지방법원 논산지원 2014.10.15 2014고합37
성폭력범죄의처벌등에관한특례법위반(강간등상해)
Text

A defendant shall be punished by imprisonment for three years.

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

Reasons

Punishment of the crime

The Defendant, around 04:00 on July 27, 2014, around 04:0, on the part of the victim D (Inn, 31 years of age) located in the 2nd floor of Seosan-si, the Defendant laid the gas pipeline installed on the outer wall through the benda window, into the victim’s residence, and intrudes on the victim’s residence. The Defendant, on the part of the victim under the influence of alcohol in the benda, commits an indecent act against the victim’s chest with two descendants, and the victim’s scambling at the benda, scambling the victim’s body, and scam pressures the victim’s two arms against the victim’s resistance.

At the same time, the victim was suffering from the left-hand slick, which requires approximately two weeks of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. A written diagnosis of injury;

1. Application of statutes on site photographs;

1. Article 8 (1) and Article 3 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and the elective Punishment, etc. of Sexual Crimes; Articles 319 (1), 299, and 298 of the Criminal Act concerning the facts constituting an offense;

1. Article 52 (1) and Article 55 (1) 3 of the Criminal Act for mitigation of self-denunciation;

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

1. Article 16 (2) and (3) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order;

1. The reason for sentencing under Articles 47(1) and 49(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes Aggravated Punishment, etc. of Sexual Crimes, Articles 49(1) and 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse [the scope of recommendations] in cases where the result of bodily injury occurs, the defendant committed minor injury, self-denunciation [special mitigation] in the special mitigation area (one year to six years from imprisonment), and the special mitigation area (two years from June to eight years), and the victim's injury, etc. (a special mitigation), and the defendant committed a indecent act by entering gas pipes into the victim's residence, and the crime committed very poor and poor, and the victim was physically shocked by the crime of this case.

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