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(영문) 대구지방법원 2015.01.16 2014고합547

성폭력범죄의처벌등에관한특례법위반(주거침입준강제추행)

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 August 16, 2014, at around 02:00, the Defendant opened a kitchen window that was not corrected in the residence of the victim D(15 years of age) located in the Daegu Dong-gu C1st, Daegu-gu, and opened the house to the room located in the house, and opened the room to the house, the Defendant rhymddddd the victim who was a mixed person on the Twit lease, and dymd the victim’s hydle by standing in the side of the victim’s hand.

Accordingly, the Defendant committed an indecent act by force against the victim who was unable to resist by intrusion on the victim’s residence.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of Acts and subordinate statutes to report on investigation (to attach photographs, such as attachment of CCTV data, site map, etc. as a result of an on-site survey;

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 62 (1) of the Criminal Act (The following consideration shall be made again for the reason of sentencing);

1. Reasons for sentencing under Article 21 (2), (3) and (4) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. Scope of punishment: Imprisonment with prison labor for a period of two years and six months to 15 years;

2. The range of recommendations on the sentencing guidelines [decision of types] the general standard of sexual crime (the subject of punishment] the crime of indecent act by compulsion by force (the act of indecent act by force at least 13 years of age): - Where the exercise of tangible force is considerably weak, where the degree of indecent act is weak, no penalty shall be imposed [the scope of recommendations and recommendations], special mitigation area, 9 months to 3 years [the general person]: - Where the mitigated element is committed against juveniles (whether to suspend execution] - Where the degree of indecent act in indecent act in indecent act by force is significantly weak, there is no positive reason or suspended execution.