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(영문) 부산지방법원 2018.11.02 2018고합316
성폭력범죄의처벌등에관한특례법위반(주거침입준강제추행)
Text

A defendant shall be punished by imprisonment for two years.

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 April 26, 2018, the Defendant found the victim E (the 59-year-old) on the first floor of the victim E (the 59-year-old), who was under the influence of drinking alcohol on April 26, 2018 and lacks the ability to discern things or make decisions, and found him/her into the “Fsing room” of the victim E (the 59-year-old-old-old-old-old-gu Busan) and made it impossible for other customers to enter the place where he/she was under the influence of alcohol, and there is a concern that the victim may have a substantial disadvantage in the Defendant’s exercise of his/her right of defense with the Defendant’s labeling placed.

Therefore, the facts constituting the crime in the instant case are modified as above, on the basis of facts acknowledged by the pleadings and records (12 pages of the evidence records), and the part of the “spliring a splir in the indictment” as stated in the indictment.

As a locked, the victim was able to write and rhume his/her thothothy with his/her mental and physical loss.

Accordingly, the defendant invadedd the victim's residence and committed an indecent act against the victim with mental and physical loss.

Summary of Evidence

1. Partial statement of the defendant;

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

1. Statement made by the police for E;

1. Application of Acts and subordinate statutes to each investigation report (including attachment data Nos. 2, 6, and 9 of the evidence list);

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

1. Article 10 (2) and Article 55 (1) 3 of the Criminal Act to mitigate mental and physical weakness;

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 suspended execution (Article 62 (1) of the Criminal Act on the following grounds for sentencing);

1. The main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Attend;

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 of disclosure, an order of notification, and an order of restriction on employment, and children and juveniles.

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