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(영문) 서울동부지방법원 2017.12.22 2017고합326
성폭력범죄의처벌등에관한특례법위반(주거침입강간)
Text

A defendant shall be punished by imprisonment for three years.

The defendant shall order the completion of a sexual assault treatment program for 40 hours.

Reasons

Punishment of the crime

On September 15, 2017, at around 00:55, the Defendant discovered the Victim F (one-year-old, 59 years-old) who was under the influence of alcohol in front of E on September 15, 2017, and had the victimized person drive away from the victim's driving. On the one hand, the Defendant saw that the victimized person, who was under the influence of alcohol in front of E, she was living together with his/her residence, entered into the first floor above his/her residence in Gangdong G-gu Seoul Metropolitan Government, with his/her own residence, and

The defendant has been in the company around 01:10 on September 15, 2017 before the victim's residence.

"", the present door was opened by having the victim open the door, and the door was strong enough to see the door, and intruded into the residence of the victim.

On the other hand, the defendant continued to have the victim's intrusion prevented, and committed violence by forceing the victim's head by forcing him/her to shock his/her head, etc., and led him/her to suppress the victim's resistance, and he/she forced him/her to leave his/her clothes and had sexual intercourse once.

Accordingly, the defendant invadedd the victim's residence and raped the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to F and H:

1. CCTV video CDs;

1. Application of Acts and subordinate statutes to a report on investigation (the movement route of a suspect additionally confirmed, the analysis of booms, the results of appraisal, the correction of statements by a witness H);

1. Article 3 (1) of the relevant Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Aggravated Punishment, etc. of Sexual Crimes and Articles 319 (1) and 297 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 an order to disclose or notify information, 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 has no record of committing the same offense, and the registration of personal information in this case shall be made.

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