logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대전지방법원 천안지원 2017.04.26 2016고합202
성폭력범죄의처벌등에관한특례법위반(주거침입유사강간)
Text

A defendant shall be punished by imprisonment for five years.

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

Reasons

Punishment of the crime

On October 23, 2016, around 15:00, the Defendant: (a) opened a door door that was not set up in the house of the victim D (Woo, name, and age 76) located in Asan City, Asan City; and (b) invaded into a ward, stating that “dys ma ma.”

이후 피고인은 피해자를 갑자기 껴안고, 계속하여 피해자를 들고 방으로 가 그곳에 있던 침대에 피해자를 눕히고, 팔과 다리로 피해자의 몸을 눌러서 피해 자를 반항하지 못하게 한 후 피해자의 옷을 모두 벗기고 피해자의 가슴을 만지고, 피해자의 몸과 성기를 혀로 핥고, 피고인의 손가락을 피해 자의 성기에 1회 삽입하였다.

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

Summary of Evidence

1. Partial statement of the defendant;

1. Entry of the witness D and E in each legal statement in the fourth public trial protocol;

1. The second written protocol concerning the examination of the accused to the prosecution;

1. Protocols and lists of seizure, search and inspection warrants;

1. Photographs related to urgent search and seizure of the place of the victim;

1. A report on investigation (in response to a request for appraisal) and a reply to a request for appraisal;

1. Application of Acts and subordinate statutes to the documents of forwarding (Attachment of the details of cases of a system for managing seized property);

1. Relevant Article 3 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Aggravated Punishment, Etc., and Articles 319 (1) and 297-2 of the Criminal Act concerning the crime;

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 disclosing or notifying personal information, the proviso to Article 49(1) and the proviso to Article 50(1) of the Act on the Protection of Juveniles from Sexual Abuse (the defendant has no same criminal history as the defendant has no record of crime);

It seems that it has the effect of preventing recidivism against the defendant through the long-term sentence of the defendant, the registration of personal information of the defendant, and the completion of sexual assault treatment program.

The above circumstances and the defendant's age, environment, and personal information are disclosed.

arrow