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(영문) 대구지방법원 안동지원 2018.06.21 2017고합61
성폭력범죄의처벌등에관한특례법위반(주거침입강제추행)
Text

A defendant shall be punished by imprisonment for not less than two years and six months.

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

Reasons

Punishment of the crime

[criminal record] On August 26, 2016, the Defendant was sentenced to a three-year suspended sentence of imprisonment for the attempted murder at the Seoul Northern District Court, and the judgment became final and conclusive on September 3, 2016.

[2] On October 31, 2015, the Defendant, from around 21:00 to around 21:00, at the restaurant in the E-school life hall, Hongsung-gun, Hongsung-gun, the Defendant, from around March 3, 2015, brought a dispute with the Victim F (tentative name, leisure, 23 years old) with the school restriction victim from around 2015.

At around 00:30 on November 1, 2015, the Defendant invadedd the victim’s room through open windows of a female dormitory with the second floor of the above living room, and, even though the victim said that “I talk at a brightness, I would like to talk at the brightness. I would like to talk at the brightness. I would like to talk at the brightness. I would like to see the victim’s body, and even though the victim said, I would like to see the victim’s body, I would like to talk with the victim’s body.”

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to F, G, and H;

1. A criminal investigation report (temporary revision of a crime), and a criminal investigation report (to hear statements from a victim);

1. On-site photographs;

1. Previous convictions in judgment: Application of an inquiry letter, such as criminal history, and an investigation report (limited to concurrent crimes and reports after Article 37 of the Criminal Act);

1. Relevant Article 3(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, Article 319(1) of the Criminal Act, and Article 298 of the Criminal Act concerning the crime;

1. Article 37 of the Criminal Act for the treatment of concurrent crimes: Provided, That Article 39 (1) shall apply;

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1. Article 62 (1) of the Criminal Act on the suspended execution (Article 62 (1) of the Criminal Act on the following grounds for sentencing);

1. The community service order under Article 62-2 of the Criminal Act;

1. The main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Attend;

1. Article 47(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from an order to disclose or notify, the proviso to Article 49(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, and the punishment of sexual crimes;

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