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(영문) 수원지방법원 안산지원 2014.03.28 2013고합409
성폭력범죄의처벌등에관한특례법위반(주거침입강간등)등
Text

1. The defendant shall be punished by imprisonment for a period of two years and six months;

2. Provided, That the above sentence shall be executed for three years from the date this judgment becomes final and conclusive;

Reasons

Punishment of the crime

Defendant

On November 25, 2013, 2013, the person subject to a request to attach an attachment order (hereinafter referred to as the "defendant") and the victim D(the victim D(the victim 14 years old) with intellectual disability 2) in the house located in Sinsi-si, Sinsi-si, shall wear the body, such as scambling both arms, and scambling the body, and entered the body, following the victim's house, and followed the victim's house, and if the victim was scambling the body, the victim's chest was scambling the body, and if the victim was scambling the body after his escape, the victim's chest and the part was scambling.

As a result, the defendant invadedd the victim's residence and forced the juvenile victim to commit an indecent act.

Summary of Evidence

1. Statement of the accused in the first protocol of trial;

2. The police statement of E;

3. Recording records of D's statements;

4. Copies of D's welfare cards;

5. Application of each statute of photograph;

1. Article applicable to criminal facts;

(a) The occupation of indecent acts by compulsion by residence: Article 3 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, Articles 319 (1) and 298 of the Criminal Act;

(b) The occupation of indecent act by child or juvenile: Article 7 (3) of the Act on the Protection of Children and Juveniles against Sexual Abuse, and Article 298 of the Criminal Act;

2. Punishment provided for in Articles 40 and 50 of the Commercial Concurrent Crimes Act (a punishment imposed on any violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes with heavy punishment).

3. Selection of punishment and limited imprisonment; and

4. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

5. Article 62 (1) of the Criminal Act;

6. Article 16 (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes against Probation Orders; Article 21 (4) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

7. The main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and Article 21 (2) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

8. Article 49 (1) 1 and 2 of the Act on the Protection of Children and Juveniles against Sexual Abuse who are ordered to disclose;

9. Grounds for sentencing under Article 50(1)1 and 2 of the Act on the Protection of Children and Juveniles against Sexual Abuse.

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