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(영문) 창원지방법원 2020.08.13 2019고합270
성폭력범죄의처벌등에관한특례법위반(주거침입준강간)
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 four years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On October 13, 2017, at around 01:30, the Defendant, at the victim C (A) residence in Kimhae-si B (hereinafter omitted) around 01:0 on October 13, 2017, went to the victim’s workplace premises, including the victim, and went to the victim under the influence of alcohol, and enters the house following the victim, and then entered the victim, she was placed on the bed, left the bed, left the bed, and she was sexual intercourse with the victim’s clothes by taking advantage of the victim’s mental disorder or the state of non-performance. However, the Defendant did not go to the wind of the victim’s sound and resistance, but did not come to an attempted crime.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Complaints and CCTV images;

1. Application of Acts and subordinate statutes to investigation reports (as to attachment of statements), D’s written statements;

1. Article 15 and Article 3(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Amended by Act No. 17264, May 19, 2020); Articles 319(1) and 299 of the Criminal Act concerning criminal facts;

1. Article 25 (2) and Article 55 (1) 3 of the Criminal Act for mitigation of attempted crimes;

1. Article 62 (1) 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;

1. Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from an disclosure order and a notification order; the proviso to Article 49(1) and the proviso to Article 50(1) of the former Act on the Protection of Children and Juveniles against Sexual Abuse (Amended by Act No. 16622, Nov. 26, 2019); the Defendant’s lack of criminal records and thus, it is difficult to readily conclude that there is a risk of recidivism or recidivism of sexual assault; the Defendant’s personal information registration against the Defendant and taking lectures in treatment of sexual assault can expect the effect of recidivism to a certain extent; the disclosure order and notification order are likely to be disadvantageous to the Defendant.

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