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(영문) 울산지방법원 2014.02.19 2013고합342
성폭력범죄의처벌등에관한특례법위반(특수강도강간등)
Text

A defendant shall be punished by imprisonment for five years.

The defendant shall be ordered to take a lecture for sexual assault treatment for 40 hours.

Reasons

Punishment of the crime

At around 01:50 on December 4, 2013, the Defendant discovered the victim D(27 years of age) residing in the above studio, and tried to take the victim's handbag and commit indecent acts.

The Defendant followed the victim entering the above studio building, leading to a stairs between the first and second floors, and discovered the Defendant following the Defendant and stopped to cut down the handbag of the victim, leaving the victim's handbag by hand in order for the victim to cut off the handbag of the victim, she talked with the chest of the victim by hand, putting the hand into the victim's hand, her hand, her hand, etc., and her hand, her hand, her hand by hand, her hand, her hand, her hand, and her hand her hand, which is far away from the victim's hand, and her hand her hand, her hand, her hand, her hand, and her hand her hand.

Accordingly, the defendant invadedd the above studio building, which is a structure, at night, and took the victim's property into consideration, and made an indecent act by force on the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. E statements;

1. Records of seizure and the list of seizure;

1. Application of the Acts and subordinate statutes for investigation reporting;

1. Article 3 (2) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, Articles 334 (1), 333, and 298 of the Criminal Act, the selection of imprisonment for a limited term of punishment;

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. In full view of the following circumstances: (a) the Defendant’s personal information is exempt from disclosure order and notification order under 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; (b) the Defendant appears to have been subject to criminal punishment; and (c) the benefits and preventive effects expected by the disclosure order or notification order of this case; and (d) disadvantages and side effects therefrom.

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