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(영문) 부산지방법원 2014.04.11 2013고합546

성폭력범죄의처벌등에관한특례법위반(주거침입강간등)

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 May 30, 2013, around 05:30 on May 30, 2013, the Defendant came to the house of the victim E (n, 20 years of age) located in Busan Dong-gu, Busan, and the Defendant was a broker assistant at the licensed real estate agent office and was in contact with the victim's house.

After that, the Defendant told the victim who was divingd with his clothes that he saw, “I am good. I am good. I am good. I am spath.”, and am unfortunateedly, I am unford the victim from the back of the victim who was unfortud. I am unford.

Summary of Evidence

1. The defendant's partial statement in the first protocol of trial;

1. Application of the Acts and subordinate statutes governing witness E's statement in the fourth protocol of trial;

1. Even if a prosecutor seeks to apply the relevant provisions of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (amended by Act No. 11556, Dec. 18, 2012; hereinafter the same) and the former Special Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes for which the choice of punishment was made after the amendment of a corporation at the time of trial, there is no concern that there would be substantial disadvantages to the defendant’s exercise of his/her right to defense unless there is a difference in seriousness of

(1) Article 3(1) of the former Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (amended by Act No. 11556, Dec. 18, 2012); however, Article 3(1) of the former Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (amended by Act No. 11556, Dec. 18, 2012); Article 3(1) of the former Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (amended by Act No. 11556, Dec. 18, 2012); Article 3(1) of the former Act on the

Article 3(1) of this Act, Articles 319(1) and 298 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. The sentencing under Article 62(1) of the Criminal Act is as follows.