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(영문) 춘천지방법원 원주지원 2017.12.22 2017고합49
성폭력범죄의처벌등에관한특례법위반(주거침입준강간)
Text

A defendant shall be punished by imprisonment for three years.

The defendant shall be ordered to complete a sexual assault treatment program for 80 hours.

Reasons

Punishment of the crime

On June 4, 2017, at around 03:00, the Defendant opened a crime prevention window installed on the main window, and intruded through the window, after opening the crime prevention window installed on the main window at around 23 years old, at around 03:0, the Defendant laid down both the parts of the Defendant’s arms and the body in the situation where it is impossible to resist.

As a result, the Defendant committed an indecent act against the victim in a state of mental or physical loss or resistance by intrusion upon the victim's residence.

Summary of Evidence

1. Partial statement of the defendant;

1. Application of the statutes governing the legal statement of a witness;

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. Where a judgment of conviction is finalized against a defendant who is subject to the registration and submission of personal information under Articles 47(1) and 49(1)2 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and Articles 49(1)2 and 50(1)2 of the Act on the Protection of Children and Juveniles against Sexual Abuse, the defendant is a person subject to registration of personal information under Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and the defendant is subject to registration of personal information under Article 43 of the same Act.

The purpose of sentencing is to determine the scope of applicable sentences under the law: the scope of punishment [the types of recommendations] on the sentencing guidelines from June to June 22; the scope of punishment [the scope of punishment] on the general basis of the crime of indecent act by force (in the case of forced indecent act by force, such as intrusion upon residence)] type 2 (the crime of forced indecent act by force) [the special sentencing person] mitigation (the scope of punishment and recommendation) [the scope of decision on the recommended area and recommendation] mitigation area; imprisonment year and six months to three years [the scope of corrected recommendation] sentenced to imprisonment of two years and six months to three years (the lowest of the sentencing range recommended in the sentencing guidelines).

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