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(영문) 수원지방법원 2016.12.13 2016고합396

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 of the final judgment.

Reasons

Punishment of the crime

On January 30, 2016, around 05:00, the Defendant discovered the victim E (one-name, two-one year old age) who is under the influence of drinking while drinking alcohol from the head of the head office in front of the Suwon-si Office D Officetel and moving alcohol to another place after drinking alcohol, and became the victim depending on the victim.

The Defendant: (a) opened a string of the first floor of the instant officetel before the instant officetel 1; (b) opened the string of the string of the string of the string of the string of the string of the string of the string of the string of the string of the string of the string, and entered the string of the string of the string of the string of the string of the string, into the string of the string of the string of the string of the string of the strings; (c) opened the string of the string of the string in the string of the string of the string, and entered the string of the string in the string of the string; and (d) opened the string of the string to make the string of the string in the string of the string of the string.

Accordingly, the defendant invadedd the victim's residence and committed an indecent act against the victim in a state of impossibility to resist.

Summary of Evidence

1. Part of the protocol concerning the examination of the suspect against the defendant;

1. Statement of the police statement of E;

1. Each police investigation report;

1. CCTV images and photographs;

1. Application of Acts and subordinate statutes to each gene appraisal statement;

1. Article 3 (1) of the Act on the Punishment, etc. of Sexual Crimes under the relevant Act on the Crimes, Articles 319 (1) and 298 of the Criminal Act;

1. Article 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation ( normal consideration in favor of the accused among the reasons for sentencing below);

1. Article 62 (1) of the Criminal Act ( repeatedly considering the favorable circumstances);

1. An order to attend a course of sexual crime;