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(영문) 대구지방법원 김천지원 2015.09.01 2015고합49
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

Punishment of the crime

On May 10, 2015, the Defendant, around 05:20 on May 10, 2015, in the vicinity of the F building where the victim E (n, 21 years of age) located in Gumi Si, had the victim's behind entering the F building building dong gate in order to make an indecent act by reporting the victim's her lives, had the victim's back into the building dong gate, and had the victim invaded into the said building, and had the victim interfered with the victim's body.

Accordingly, the defendant invadedd his residence and forced the victim to commit an indecent act.

Summary of Evidence

1. Partial statement of the defendant;

1. Each police statement of E;

1. Each investigation report (Attachment of field photographs of the damaged place, attachment of photographs of the moving routes of suspects and victims, attachment of CCTV image data for crime prevention) and each photograph;

1. Application of statutes on a situation report;

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

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 made again for the reason of sentencing);

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

1. In full view of all the circumstances, including the Defendant’s age, family relation, profits and effects expected by the disclosure or notification order of this case, and disadvantages and side effects, the Defendant’s primary crime committed in this case, under Articles 47(1) and 49(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, the proviso to Article 49(1) and the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, which have no record of criminal punishment.

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