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(영문) 춘천지방법원 영월지원 2017.08.31 2017고합26
성폭력범죄의처벌등에관한특례법위반(주거침입준유사강간)
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 a period of four years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant and the victim C (one person, two years of age, 22) are between the defendant and the victim with the knowledge of peace.

On May 26, 2017, around 04:20, the Defendant opened and intruded into the victim's house 1 story Do apartment unit D at Taecheon-si, Taecheon-si, Da, with a view to reporting the victim who was divingd with his clothes from the bend in the bend in the room, and was exempted from his desire to report the victim's her chest and fry, and stored the victim's chest and fluor, with his hand, her fingers in the victim's panty panty, and collected his fingers.

Accordingly, the defendant invadedd the victim's residence, and used the victim's mental and physical loss to commit similar rape.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Statement made by the police against the victim;

1. Application of the investigation report (CCTV investigation) and six photographic Acts and subordinate statutes;

1. Relevant legal provisions and Article 3(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes elective Crimes, and Articles 319(1), 299, and 297-2 of the Criminal Act concerning the crime;

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. Article 62-2 of the Criminal Act; Article 16 (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes;

1. Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to attend a lecture;

1. Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from an order to disclose or a notification order, the proviso to Article 49(1) and the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse (no record exists on the accused who has been punished as a sexual crime) (the fact that the accused has no record of being punished as a sexual crime, and the circumstance revealed in the process of the instant crime or the record, there is a risk that the accused

It is difficult to conclude or otherwise expected by an order of disclosure or notification.

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