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(영문) 수원지방법원 여주지원 2014.02.20 2013고합63
성폭력범죄의처벌등에관한특례법위반(주거침입강간등)
Text

A defendant shall be punished by imprisonment for five years.

The defendant's registered information is registered through an information and communications network for five years.

Reasons

Punishment of the crime

[Criminal Justice] On January 23, 2008, the Defendant was sentenced to imprisonment with prison labor for a short term of three years for robbery, injury, etc., and three years and six months for a long term, and completed the execution of the above punishment on November 14, 2010.

【Criminal Facts】

At around 07:10 on June 24, 2013, the Defendant reported the victim who was locked with the entrance door of the heat 220-to-door 205, which is a juvenile E (the age of 18), and intruded into the room room above 202 in order to force the victim to force the indecent act by using the victim's body, and then put the victim's left hand into the victim's panty, putting the victim's body into the victim's panty, putting the victim's body, putting him over the victim's body, and putting him over the victim's body, and putting the victim's left hand into the victim's panty, and put the victim's her free hand into the victim's sexual flag.

As a result, the defendant invaded the juvenile victim's room, and made indecent act by taking advantage of victim's inability to resist.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Each report on investigation;

1. On-site photographs;

1. Previous records: Application of criminal records and other inquiry inquiry reports and confirmation reports on the date of release to statutes;

1. Article 3 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, Article 319 (1) of the Criminal Act, and Articles 299 and 298 of the Criminal Act concerning the facts constituting an offense;

1. Article 3 of the Act on Special Cases concerning the Punishment of Specific violent Crimes among repeated offenders, and the proviso to Article 42 of the Criminal Act;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (Consideration of favorable circumstances among the following reasons for sentencing):

1. Article 21 (2) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. Article 47 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and Article 49 (1) 1 and (3) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and Article 50 of the Act on the Protection of Children and Juveniles against Sexual Abuse.

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