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(영문) 서울중앙지방법원 2019.05.15 2018고합1235
성폭력범죄의처벌등에관한특례법위반(주거침입준유사강간)
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 three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On July 21, 2018, while serving in the military as B, the Defendant returned home with her native C, etc. on or around July 21, 2018, and her her friend C, etc., and her friend C returned home with her female-friendly Gu. On July 22, 2018, 205:00, the Defendant went into the house of the above D apartment Xxxxxxxxxxx, and did not correct it, and the Defendant intrudes on the way of the victim E (n, 24 years of age) who is the female her female her female her female her female her female her female her female her female her female her female her female her female her female her female her female her female her female her female her female her female her female her female her female her female her female her female her female her family.

As a result, the defendant invadedd the victim's residence, and duplicating part of the body into the victim's sexual intercourse by taking advantage of the victim's mental or physical condition of non-satisf.

Summary of Evidence

1. Partial statement of the defendant;

1. A protocol concerning the examination of partially the defendant's prosecution;

1. A protocol concerning the examination of partial police officers of the accused;

1. Statement of each police statement about F (tentative name) and C;

1. Arrest report on occurrence of the case, photograph description, and relevant guidance (Evidence No. 15 of the evidence list);

1. Application of Acts and subordinate statutes to a investigation report (Evidence List Nos. 7), to capture CCTV images of a suspect's criminal suspect, to attach a criminal identification receipt, to an investigation report (to ascertain the suspect's residence and place of crime);

1. Relevant Article 3 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, Articles 319 (1), 299, and 297-2 of the Criminal Act, the selection of a limited term of imprisonment for a crime;

1. Mitigation of discretionary mitigation under Articles 53 and 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;

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 and an order to restrict employment, 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, and children and juveniles;

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