logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 인천지방법원 부천지원 2015.11.27 2015고합186
성폭력범죄의처벌등에관한특례법위반(주거침입준강제추행)
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

On May 17, 2015, at around 04:40 on May 17, 2015, the Defendant entered “E” main points located in Seocheon-gu, Seocheon-gu, Seocheon-gu D, into the main points through the closed entrance, and came into the inner room where the victim F (n, 45 years of age), the main points of which are the victim, went into the inner room where the victim F (n, e.g., the victim), who is the main points of which he was the victim, and charged the victim’s finger by inserting the Defendant’s hand into the victim’s panty, and taken the victim’s chest into the victim’

Accordingly, the defendant committed indecent act against the victim who was unable to resist by intrusion upon the human habitation.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the F prosecutorial protocol of statement to the prosecution;

1. Relevant Article 3 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and the elective Punishment, etc. of Sexual Crimes; Articles 319 (1), 299, and 298 of the Criminal Act;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Article 62 (1) of the Criminal Act (The following consideration shall be repeated for the reason of sentencing);

1. Probation under Article 62-2 of the Criminal Act;

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

1. According to Articles 47(1) and 49(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes Exempted from Disclosure Orders and Notification Orders, the registration of personal information of the accused is determined based on various circumstances, including the Defendant’s age and occupation, type and motive of the crime, the process and consequence of the crime, the existence of the same kind of power, the risk of recidivism, the disclosure order and notification order, the degree of disadvantage and anticipated side effects of the Defendant’s entrance due to the disclosure order and notification order, and the comparative balancing between the effects of sexual crimes subject to registration and expected profits.

arrow