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(영문) 전주지방법원 군산지원 2012.11.09 2012고합226

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

Reasons

Punishment of the crime

1. At around 02:00 on August 23, 2012, the Defendant: (a) discovered the fact that the victim was seated in the ward through the bend window of the said apartment building and committed an indecent act against the female, around the house of the victim D (M, 16 years old) located in the OOO-dong OO-dong O-dong OO-dong, YO-dong; and (b) had the intent to discover the fact that the

The Defendant, who did not locked, opened a shock net of the window of the above apartment building and intruded into the living room, and was sitting down after the victim was locked at this place, and laid down the victim’s stitts over the victim’s stitts, thereby cutting off the victim’s strts.

Accordingly, the Defendant committed an indecent act against the victim who was unable to resist due to the victim's intrusion on his residence.

2. The Defendant, at the time and place specified in paragraph 1, stolen the victim’s property by taking out one copy of the Si-U.S. Megnet card from the phone carried in the victim’s possession at the victim’s seat.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the police statement law to D;

1. Relevant legal provisions concerning criminal facts, Article 3 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Aggravated Punishment, Articles 319 (1) and 299 of the Criminal Act, Article 329 of the Criminal Act, and Article 329 of the Criminal Act;

2. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

3. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

4. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing).

5. Article 62-2 (1) of the Criminal Act regarding community service order.

6. Where a conviction is finalized on the criminal facts stated in paragraph (1) of Article 13 of the Act on the Protection of Children and Juveniles against Sexual Abuse against whom an order to attend school is issued, the Defendant is a person subject to registration of personal information under Article 33(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, and the Defendant is a competent authority pursuant to Article 34 of the same Act.