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(영문) 의정부지방법원 2013.07.05 2013고합211
성폭력범죄의처벌등에관한특례법위반(주거침입강간등)
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

Criminal facts

At around 00:30 on February 6, 2013, the Defendant confirmed that the victim F (the 41 years of age) was married in the E Training Center located in Gyeonggi-gun D, D, and opened an entrance to the 419 room used by the victim, which was not corrected by the 419 room, and intruded into the 419 room, and prevented the victim from resisting the victim by a shouldering the string up on the string of the string of the string of the string of the string of the string of the string of the string of the string of the string of the string of the 2013, and led the victim to force the victim by force by force by force.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made by the police of the F;

1. Application of each investigation report (as regards evidentiary materials, telephone investigation, general) statute

1. Article 3 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Amended by Act No. 11556, Dec. 18, 2012; hereinafter the same shall apply), Articles 319 (1) and 298 of the Criminal Act concerning criminal facts;

1. Mitigation of discretionary mitigation under Articles 53 and 55(1)3 of the Criminal Act (hereinafter referred to as “the grounds for discretionary mitigation”), among favorable circumstances

1. Article 62(1) of the Criminal Act of the suspended sentence (hereinafter “the grounds for the suspended sentence”), whichever is favorable;

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

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. Grounds for sentencing under Article 49 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and Article 50 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. The scope of applicable sentences: Imprisonment for a period of two years and six months to fifteen years;

2. The range of recommended sentences according to the sentencing guidelines [decision of type] sex crimes, general standards, crimes of indecent act by compulsion (subject to 13 years of age or older), types 2 (Specially Indecent Act by Indecent Act by Indecent Act by Indecent Act by Indecent Act by Indecent Act by Indecent Act by Indecent Act by Police Officers: The area of reduced penalty surcharge [the area of recommending and the scope of recommended punishment], imprisonment

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