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(영문) 수원지방법원 안양지원 2014.10.24 2014고합160
성폭력범죄의처벌등에관한특례법위반(주거침입준유사강간)
Text

A defendant shall be punished by imprisonment for three years.

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

Reasons

Punishment of the crime

On September 12, 2014, at around 05:10 on September 12, 2014, the Defendant: (a) held a password and opened a door to the victim’s house in Mapopopo-si, Mapo-si; (b) opened a secret number informed by E to the victim’s house; (c) opened a door to the victim’s Mapo-si, Mapo-si, Mapo-si, Mapo-si, Mapo-si, Mapo-si, Mapo-si, Mapo-si, Mapo-si, Mapo-si, Mapo-si, Mapo-si, Mapo-si, Mapo-si, Mapo-si, Mapo-si, Mapo-si, Mapo-si, Mapo-si,

Summary of Evidence

1. Defendant's legal statement;

1. Application of F’s statement-related Acts and subordinate statutes recorded in the video CD;

1. Article 3 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and the Selection of Punishment, etc. of Sexual Crimes, Articles 319 (1) and 299 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 made again for the reason of sentencing);

1. Article 62-2 of the Criminal Act; the main sentence of Article 16 (2) and (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes;

1. The reason for sentencing of a defendant's personal information is determined to be disclosed or notified in full view of all the circumstances, such as the defendant's age, occupation, family environment, social relationship, the risk of recidivism, the victim's intent not to have the defendant punished, the benefits and preventive effects expected due to the disclosure or notification order of this case, the disadvantage and side effects of the disclosure order of this case, etc., and other relevant circumstances, such as the defendant's age, occupation, family environment, social relationship, the risk of recidivism, the victim's intention not to have the defendant punished, and the reason for sentencing of a defendant's personal information disclosure or notification of this case

1. The scope of applicable sentences under law: Imprisonment for two years and six months to fifteen years.

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