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(영문) 수원지방법원 성남지원 2014.08.14 2014고합126

성폭력범죄의처벌등에관한특례법위반(주거침입강간등)

Text

A defendant shall be punished by imprisonment for not less than two years and six months.

The defendant's disclosure of information to the public shall be made through an information and communications network for three years.

Reasons

Punishment of the crime

On May 9, 2014, at around 00:10, the Defendant opened a toilet window at the victim D (n, 41 years of age)’s residence in Gwangju-si, and entered the inside room, and opened under the victim’s bridge, which is able to sleepd like two daughters from the inside room, and used a part of the buckbucks.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Entry of the police statement concerning D;

1. Records of seizure and the list of seizure;

1. A statement of sufficient appraisal;

1. Application of statutes on site photographs;

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

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 main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed;

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

1. Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, etc. of Sexual Crimes, and Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, where a conviction on the instant criminal facts becomes final and conclusive, a person subject to registration of personal information pursuant to Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes is obligated to submit personal information to a competent agency

The reason for sentencing is that the defendant intrudes into the residence of the victim and commits an indecent act against the victim who is diving with his two daughters, thereby not being good in the nature of the crime, and it is inevitable to sentence the defendant on the ground that he did not receive the letter from the victim.

However, the degree of indecent act is not much severe, and the defendant recognizes all of the crimes of this case, thereby making a mistake.