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(영문) 광주지방법원 2013.05.23 2013고합80
성폭력범죄의처벌등에관한특례법위반(주거침입강간등)
Text

A defendant shall be punished by imprisonment for three years.

However, the execution of the above punishment shall be suspended for five years from the date this judgment becomes final and conclusive.

Reasons

Criminal facts

Defendant

In addition, the person against whom the attachment order was requested (hereinafter referred to as the "defendant") is between the father of the victim D (n, 15 years of age) and the father of the victim.

1. At around 13:00 on December 13, 2012, the Defendant: (a) came to the house of the Victim E located in Nanyang-gun, Nanyang-gun; (b) thought that the peace victim would be in the house of mixed person at the school late, and opened an unlocked gate and intruded into the house of the victim.

In addition, the Defendant shouldered the victim who was divinged by the locking, such as “I am a male-gu, I am a son. I am a son. I am a son. I am a son. I am a am. I am a am. I am a am. I am. I am a am. I am am. I am. I am a am. I am. I am.

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

2. On February 19, 2013, the Defendant came to the above house around 13:00 on February 19, 2013, and confirmed the fact that the victim was in his house through the window of the living room, opened the entrance door where the victim was locked by inserting hand on the window, and invaded upon the victim’s house, and entered the victim’s room.

Therefore, the victim's body was flicker B, the defendant, and the defendant wanting to walk the flick, put the victim's breast in the clothes of the victim in order to look at the victim's chest, and the victim did not want to do so, and she her her her her her her her her her her her her her her her her her her her her

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

Summary of Evidence

1. Statement by the defendant in court;

1. Recording record (written statement by the police of D);

1. Application of Acts and subordinate statutes to the investigation report (No. 30 No. 50);

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

1. From among concurrent crimes, Article 37 (former part), Article 38 (1) 2, and Article 50 of the Criminal Act [the punishment heavier than that provided for in the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes on February 19, 2013 (the addition of concurrent crimes, such as intrusion upon residence and rape, etc.];

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