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(영문) 서울서부지방법원 2017.08.10 2016고합396
성폭력범죄의처벌등에관한특례법위반(주거침입준강간)
Text

A defendant shall be punished by imprisonment for three years.

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

Reasons

Punishment of the crime

At around 05:59 on September 16, 2016, the Defendant, at the home of the Victim F (n, 36 years of age) located in Yongsan-gu Seoul, Yongsan-gu, Seoul, 2016, G used the toilet in the victim’s home, used the toilet in the victim’s home, and used the spawn and spathn in the victim’s home with the mind that she returned home without opening the spawn, and entered the victim’s home, and she spawned the chest and spathn of the chest and spathn in the victim’s side that she was divingd in the room, and she sexual intercourse once with panty.

Thus, the defendant invaded another person's residence and quasi-raped the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness G;

1. Legal statement of the witness H;

1. Statement made by the witness F in the second public trial record;

1. Response to a request for appraisal;

1. Application of investigation reports (Submission of voice files from a witness H mobile phone) Acts and subordinate statutes;

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

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 among the reasons for sentencing)

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

1. Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from disclosure and notification orders, 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 (the defendant does not have the same criminal record, the defendant’s personal information registration and sentence, and the completion of sexual assault treatment programs are likely to reduce the risk of recidivism.

Therefore, when comparing and balancing the preventive effects and side effects expected by the disclosure order or notification order to the defendant, there is a special reason that the personal information of the defendant should not be disclosed or notified.

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