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(영문) 부산지방법원 2014.05.02 2013고합867
성폭력범죄의처벌등에관한특례법위반(장애인강제추행)등
Text

A defendant shall be punished by imprisonment for three years.

However, the execution of the above punishment shall be suspended for five years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On July 16, 2013, at around 10:00, the Defendant: (a) went into the house of the victim located in the G Apartment-gu Busan Metropolitan City through the entrance, which was opened as an intention to commit an indecent act against the victim C (n, 39 years of age, Mongolian nationality) with the view to committing an indecent act.

The Defendant got off the phone her while she was boomed by the Defendant, and she spared the victim with her hand, and her chest on the clothes of the victim.

Accordingly, the defendant infringed on the residence of the victim who is a disabled person and forcedly commits an indecent act on the victim.

2. Around 14:00 on July 18, 2013, the Defendant intruded into the said victim’s house through the entrance door opened with the intent to commit an indecent act against the victim.

The defendant sparly spared the victim who wal at home, kid the victim's chest with his clothes, and kidd against the chest.

Accordingly, the defendant infringed on the residence of the victim who is a disabled person and forcedly commits an indecent act on the victim.

Summary of Evidence

1. Statement of the accused in the first protocol of trial;

1. Application of each police protocol of statement C to the Act

1. Article 3 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes under the relevant provisions concerning the crime, Articles 319 (1) and 298 of the Criminal Act, Article 6 (3) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and Article 298 of the Criminal Act concerning the punishment, etc. of each sexual crime;

1. A punishment provided for in Articles 40 and 50 of the Criminal Act for an ordinary concurrent crime (a punishment imposed on a violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, a violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, a violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and a violation of the Act on Special Cases concerning

1. Selection of punishment, and limited imprisonment;

1. Of concurrent crimes, an aggravated punishment for concurrent crimes provided for in the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (aggravated Punishment of Crimes concerning the Punishment, etc. of Sexual Crimes (aggravated Punishment of Crimes, etc. on July 16, 2013), among concurrent crimes;

1. Articles 53 and 55 of the Criminal Act for discretionary mitigation.

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