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(영문) 춘천지방법원 강릉지원 2015.05.14 2015고합15
주거침입등
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

Punishment of the crime

1. The Defendant under the influence of alcohol does not mean that, under the influence of alcohol, the Defendant was in an insane or a state of mental disability or mental and physical disability.

On January 12, 2015, between around 01:10 and around 01:30, the victim D (hereinafter “victim 1”) residing in Gangnam-si C 204 entered the residence of the victim D (hereinafter “victim 1”) through the window on the side of the stairs, and then intrudes the method of removing the window of the bathing room.

The Defendant continued to have locked up to be able to resist, which is the state of being able to resist and resist, followed by the bed side of the bed, and the Defendant got out of the bed side of the bed, by inserting the hand into the bed side of the victim 1, and got out of the bed, and got out of the bed side of the victim

Accordingly, the Defendant committed an indecent act by force against the victim 1 who was unable to resist due to intrusion on the victim 1's residence.

2. On May 18, 2012, the Defendant, while under the influence of alcohol, is deemed as having a victim F (n, 22 years of age, 1 and 22 years of age, 22 years of age, 1 and 2 persons of age, hereinafter referred to as “victim 2”).

The lower part of the lower part of the “G studio” No. 204, which is the residence of the victim, opened the window of the laundry room No. 204 and invaded on the residence of the victim 2.

Summary of Evidence

1. Defendant's legal statement;

1. Recording records of the prosecution concerning victims 1 and H;

1. Statement made by the prosecutor to the victim 2;

1. On-site photographs (13-23 pages of investigation records);

1. Application of Acts and subordinate statutes to report on investigation (on-site photographing);

1. 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 concerning the crime, Article 319 (1) of the Criminal Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes Aggravated Crimes, Article 319 (1) of the Criminal Act (the occupation of intrusion upon residence and the

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (within the scope of the sum of the long-term punishments in the above two crimes);

1. The reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation are as follows.

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