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(영문) 대구지방법원 상주지원 2016.01.14 2015고합54
성폭력범죄의처벌등에관한특례법위반(주거침입준강제추행)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 a period of three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. [2015 Gohap 54] On July 21, 2015, the Defendant: (a) around 01:45 on July 21, 2015, after drinking alcohol with the Defendant’s wife E (nat, 24 years old); (b) made the Defendant forced the Defendant to commit an indecent act by drinking alcohol while returning home while drinking alcohol; and (c) intruded the Defendant’s sleep through the streak door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door to the Defendant, etc.; and (d) made the victim’s clothes above the victim’s clothes on his left hand; and (d) committed an indecent act by forcing the victim by force.

2. [2015 Gohap 72] No person was allowed to sell drugs harmful to juveniles to juveniles, etc., however, the Defendant, at G convenience stores located in the Si F on October 23, 2015, not at around 21:20 on the age of a juvenile H (16 tax) but sold beer 6 C and 3 C, which are drugs harmful to juveniles.

Summary of Evidence

[2015 Gohap 54]

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. A statement of the preparation of victims;

1. Reports on internal investigation (related to the arrest of flagrant offenders), and photographs of the place of damage (referring to photographs of the place of damage);

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Each statement of H, I, J, K, L, and M;

1. Application of Acts and subordinate statutes to the detection and reporting of suspected victims of a violation of the Juvenile Protection Act, and notification of internal investigation (on-site conditions, etc.);

1. Relevant Article 3(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, Article 319(1) and Article 299 of the Criminal Act concerning criminal facts, Article 59 Subparag. 6 and Article 28(1) of the Juvenile Protection Act (the occupation of indecent act by compulsion of intrusion upon residence and the choice of imprisonment), Article 319(1) of the Criminal Act, Article 29 Subparag. 6 and Article 28(1) of the Act on Special Cases concerning the Punishment of Sexual Crimes against

1. The crime of violation of the former part of Article 37 of the Criminal Act, Article 38(1)2, and Article 50 of the Criminal Act [the crime of violating the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes with heavy punishment (an indecent act by compulsion of intrusion upon residence)].

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