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(영문) 대구지방법원 2014.02.14 2013고합543

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 August 12, 2013, at the D hotel located in Daegu-gu, Daegu-gu, around 08:47, the Defendant opened a entrance with which the victim E was divingd, and intruded into the guest room, and reported that the victim was locked by being locked to the beds, and made the victim’s fingers and pans, and forced the victim by putting the fingers into the part of the victim’s drinking and pans, and by taking the fingers into the part of the victim’s drinking, the Defendant committed an indecent act by force against the victim by using the victim’s refusal to resist.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made by the prosecutor to the victim;

1. Application of the Acts and subordinate statutes for investigation reporting;

1. Relevant Article 3 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and the elective Punishment, etc. of Sexual Crimes; Articles 319 (1), 299, and 298 of the Criminal Act;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (see, e.g., favorable circumstances as seen below):

1. Article 62 (1) of the Criminal Act ( repeatedly considering favorable circumstances, etc. as follows):

1. Where a judgment becomes final and conclusive on the registration of personal information under Article 16(2), (3), and (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, the accused is a person subject to registration of personal information under Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and is obligated to submit personal information to the competent agency pursuant to Article 43 of

However, in light of the criminal records of the defendant, circumstances agreed with the victim, etc., it is difficult to readily conclude that the defendant is in danger of recommitting the crime. In addition, considering the defendant's age, occupation, background of the crime in this case, disclosure order or notification order, the degree of disadvantage and anticipated side effects of the defendant's injury, there are special circumstances where the disclosure of personal information of the defendant is prohibited. Thus, Articles 49 (1) proviso and 50 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse.