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(영문) 수원지방법원 평택지원 2013.07.03 2013고합69
성폭력범죄의처벌등에관한특례법위반(주거침입강간등)
Text

A defendant shall be punished by imprisonment for three years.

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

At around 09:30 on May 18, 2013, the Defendant, while drinking alcohol with F in the E-cafeteria located in Ansan-si D on May 18, 2013, in order to rape F’s female-friendly job offering G with the victim under the influence of alcohol in the near room room, and F, “F is a drink with a thickness.” On the part of the above restaurant, the Defendant went away with F, and went back to H 402.

The defendant, using his place beeraro window, intruded the victim's residence, found the victim who was divingd at the beer, exceeded the panty and panty of the victim, laid the spanty of the victim, laid the part of the victim's spanty, laid the spanty of the defendant's spanty, laid the part of the victim's spanch, added the victim's sexual organ into the part of the victim's spane.

Accordingly, the defendant invadedd the victim's residence, and raped the victim by using the victim's potential condition.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to G, F, and I;

1. Medical records for victims of sexual assault;

1. Application of Acts and subordinate statutes on site photographs of each case

1. Article 3 (1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes and the former Special Cases Concerning the Punishment, etc. of Sexual Crimes (wholly amended by Act No. 11556, Dec. 18, 2012; hereinafter the same shall apply), Articles 319 (1) and 299 of the Criminal Act concerning criminal facts;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. Article 47 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and Article 49 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse (No. 2 of the text);

1. Grounds for sentencing under Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and Article 50(1) (main sentence) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. Scope of applicable sentences under Acts: Imprisonment for two years and six months to fifteen years; and

2. Application of the sentencing criteria;

(a) Determinations of types: sex crime groups, rape (subject to at least 13 years of age);

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