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(영문) 인천지방법원 부천지원 2013.11.22 2013고합191

성폭력범죄의처벌등에관한특례법위반(주거침입강간등)등

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 four years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On June 6, 2013, at around 06:00, the Defendant was living together with the victim D (Woo, 25 years of age) who was living in the vicinity of the So-gu So-called So-called So-called So-called So-called So-called So-called So-called So-called So-called So-called So-called So-called "So-called So-called So-called" (hereinafter referred to as "So-called

Accordingly, the defendant invadedd the victim's residence.

2. Around 05:20 on August 31, 2013, the Defendant violated the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (including Residence Rape, Rape, etc.) opened a string door which was not temporarily set up in the residence of the said victim and intruded to a small area to the bucks inside the bucks of the said victim.

Accordingly, the defendant invadedd the victim's residence, and committed an indecent act by using the victim's state of difficulty to resist.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the police statement law to D;

1. Relevant legal provisions concerning facts constituting an offense, Article 319 (1) of the Criminal Act that prescribes the choice of a sentence (the point of intrusion upon residence, the choice of imprisonment), Article 3 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, Article 319 (1) of the Criminal Act, Articles 299 and 298 of the Criminal Act;

1. Aggravation of concurrent crimes among concurrent crimes as provided for in the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (within the scope of the sum of the long-term punishments of the above two crimes)

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 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 against Order to attend lectures;

1. Article 47 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and Article 49 (1) 2 of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. Article 49(1) and (3) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes;