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(영문) 부산지방법원 2014.08.22 2014고합268
성폭력범죄의처벌등에관한특례법위반(절도강간등)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 four years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[2014Gohap268] On April 16, 2014, at around 03:50, the Defendant came to the residence of the victim D (the age of 54) located in Geum-gu, Busan (the age of 00), and went into the house, opened up the gas pipeline of the outer wall, opened up the window and the air defense network, and intrudes into the house, then the Defendant collected 30,000 won in cash from the bank owned by the victim in the scheme, and continued to dive the victim’s sens that the victim was unable to resist against the divers, and then the victim’s sens, who was locked in the place, became his her her mack, and became his mack, as his mack.

Accordingly, the defendant invadeds on residence at night, steals the victim's goods, and commits an indecent act on the victim by using the victim's failure to resist.

[2014Gohap307] On April 11, 2014, the Defendant got in front of the “H” convenience store in the operation of the Victim G G in the second floor located in the U.S. E-gu, Busan, for the purpose of 00:30 on April 11, 2014, and opened the corrective device of the entrance by inserting the corrected entrance onto the inner entrance, and then cutting the entrance into the above convenience store, and then intruded the victim into the above convenience store, and caused the Plaintiff’s cash of KRW 150,000, market price of KRW 6,000, and three drinking water beverages of KRW 3,000.

Accordingly, the defendant invadedd a structure at night and stolen the victim's things.

Summary of Evidence

[2014Gohap268]

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. Statement made to D by the police;

1. Requests for genetic assessment and response thereto;

1. A report on investigation, on-site inspection results, and a report on the results of field inspection (2014, 307);

1. Defendant's legal statement;

1. The police statement concerning G;

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

1. Relevant legal provisions concerning facts constituting an offense, Article 3(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Aggravated Punishment, Articles 30 and 299 of the Criminal Act (the occupation of night-time robbery and the choice of limited imprisonment) and the Criminal Act;

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