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(영문) 대전지방법원 2014.08.28 2014고합111
성폭력범죄의처벌등에관한특례법위반(주거침입강간등)
Text

A defendant shall be punished by imprisonment for not less than two years and six months.

The defendant shall be ordered to complete 40 hours of sexual assault treatment programs.

Reasons

Punishment of the crime

The defendant is a daily worker.

Victim C(WWE) is a person E who resides in a multi-household D located in Daejeon Metropolitan-gu.

At around 01:00 on July 14, 2013, the Defendant found out that the victim was locked without correcting the window with the her clothes in the instant multi-household E room, and attempted to commit an indecent act against the female. The Defendant opened the said window and opened the shock network, and intruded by the method, used the victim’s mental condition that was in depth and used the victim’s bridge, and committed indecent act by forcing the victim by force.

Summary of Evidence

1. Application of each statute on witness C, E, and F’s statutory statement;

1. Article 3 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and the Selection of Punishment, etc. of Sexual Crimes, Articles 319 (1) and 299 of the Criminal Act;

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. In full view of the following facts: (a) Articles 47(1) and 49(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes Exempted from disclosure order and notification order; (b) 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 (the degree and expected side effects of the Defendant’s disadvantage due to disclosure order and notification order; (c) the registration of personal information of the Defendant against the Defendant and completion of sexual assault therapy can be expected to some extent to prevent recidivism; and (d) the determination on the assertion by the Defendant and the defense counsel on the grounds that there are special circumstances where disclosure of personal information of the Defendant

1. At the time of the instant case, the Defendant had been divingd by the Defendant in the room where he had resided in the instant multi-family house with the tax and had committed all the crimes, such as the facts charged.

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