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(영문) 수원지방법원 2017.01.31 2016고합669
성폭력범죄의처벌등에관한특례법위반(주거침입준유사강간)
Text

A defendant shall be punished by imprisonment for not less than two years and six months.

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

Reasons

Criminal facts

On September 28, 2016, the Defendant: (a) around 07:23, the victim D (name, fring, 56 years of age) located in Jeju Island; (b) went ahead of the “Eel” operated by the Defendant; (c) was able to report and commit an indecent act against the victim, she opened the inside door and intrudes into the inside door; (d) continued to look at the victim’s her son and her son’s son’s son’s son’s son’s son’s son, and inserted the Defendant’s son’s son’s son’s son into the

As a result, the defendant invadedd the victim's residence, and used the victim's resistance impossibility condition to commit similar rape.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made in relation to D;

1. Each police investigation report (in relation to investigation by the husband of a victim, CCTV-related to field, on-site photographs, etc.);

1. 112 A list of reported cases;

1. Application of the CD-related Acts and subordinate statutes to the instant photographs, related photographs, CCTV caps, and CCTV videos storage.

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

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances in favor of the defendant among the grounds for sentencing);

1. Article 62 (1) of the Criminal Act on the suspension of execution (the aforementioned normal consideration);

1. Social service businesses under Article 62-2 of the Criminal Act;

1. A person against whom a judgment of conviction has become final and conclusive due to a violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes against the Registration of Personal Information in the main sentence of Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (or any similar rape) is subject to registration of personal information pursuant to Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and the defendant is obligated to submit personal information to the competent agency pursuant to Article 43 of the Act on Special Cases concerning

Personal information shall not be disclosed as provided for in the exception of disclosure orders and notification orders.

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