logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 창원지방법원 통영지원 2014.04.10 2013고합122
성폭력범죄의처벌등에관한특례법위반(주거침입강간등)
Text

A defendant shall be punished by imprisonment for three years.

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

Reasons

Punishment of the crime

Defendant

In addition, around October 2013, the person subject to a request for attachment order (hereinafter referred to as the "defendant") passed ahead of the victim D(A), who resides in the same apartment house located in Tong Young-si, through the end of October 3, 2013, and became aware of the fact that the victim was living in his/her defense room.

On November 29, 2013, the Defendant, at around 07:50 on November 29, 2013, tried to rape the victim, found the victim’s house, opened a gate which has not been corrected, and intruded into the victim’s scheme.

The Defendant: (a) was a victim who was divingd at his place, refers to a hacker or a hacker’s body in the human body; (b) caused a defect in the body; (c) prevented the victim from suffering by hand; (d) led the victim’s face to the wall; and (e) led the victim’s body by dividing the victim’s body into the body and suppressing the victim’s resistance.

The Defendant, on one hand, kidd the victim's left chest, continued to see his hand into the victim's panty, put his hand into the victim's panty, put his hand into the sound part, and put the finger into the sound part.

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

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of Acts and subordinate statutes to the investigation record of seizure, the results of a stalmological appraisal of the suspect, the identification of the suspect, and the application of an on-site comparison report;

1. Relevant Article 3 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, Articles 319 (1) and 297-2 of the Criminal Act concerning the facts constituting an offense, and the choice of imprisonment for life;

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. Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed;

1. Where a conviction on the instant criminal facts against the Defendant who has registered personal information under Articles 49(1)1 and 2, and 50(1)1 and 2 of the Act on the Protection of Children and Juveniles against Sexual Abuse becomes final and conclusive, the Defendant shall be subject to special cases concerning the punishment, etc. of sexual crimes.

arrow