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(영문) 수원지방법원 2014.04.15 2013고합705
성폭력범죄의처벌등에관한특례법위반(주거침입강간등)등
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

1. At around 05:50 on July 10, 2013, the Defendant opened a 505 room where the victim F was accommodated in the “EMel” located in Suwon-si D, Suwon-si, and infringed upon the victim’s possession room.

2. Around 05:50 on July 10, 2013, the Defendant, at the above guest room, stolen the victim F with a cresh with a wall containing a credit card owned by the victim and cash in the amount in which the victim F was located on a table.

3. On July 10, 2013, at around 06:20, the Defendant opened a 607 room in Suwon-si G Building 607, which was not set up and opened a locked door, and entered into the gate, and the part of the body of the victim, who was off the clothes, was in his/her hands off.

Accordingly, the defendant committed indecent act against the victim who was unable to resist by intrusion on the victim's residence.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to H and I;

1. A written statement;

1. Application of Acts and subordinate statutes to a report on investigation (on-site CCTV investigation);

1. Relevant Articles 319(1) and 319(1) of the Criminal Act, the choice of punishment for a crime, the choice of imprisonment, the preparation of a limited term of imprisonment, Article 329 of the Criminal Act, Article 3(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and Articles 319(1) and 299 of the Criminal Act;

1. From among concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (only to the extent that the punishment is aggregated with the long-term punishment of each of the crimes) shall be concurrent crimes with the punishment prescribed in the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes with the largest punishment;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. Grounds for sentencing under the main sentence of Article 21 (2) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. Imprisonment with prison labor for a period of two years and six months from June to June 19 years; and

2. Application of the sentencing criteria;

(a) The offense of violating the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes;

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