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(영문) 춘천지방법원 강릉지원 2017.11.30 2017고합74
성폭력범죄의처벌등에관한특례법위반(주거침입준강제추행)
Text

A defendant shall be punished by imprisonment for two years.

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

Reasons

Punishment of the crime

On October 2, 2017, 04:30, the Defendant entered the entrance door, which was not corrected in front of the residence of the victim E (the age of 24) located on the third floor of the building located in C, and intruded into the means of the victim through the living room, and used the victim who was locked from the living room to write off his hand, and tried to set off his her knife his knif, and knife his knife his knife his knife his knife, and knife his knife his knife.

As a result, the defendant invadedd the victim's residence and committed an indecent act by taking advantage of the victim's mental and physical loss or arbitrative condition.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Attachment: Application of Chapter 4 of a photograph around the building at the scene of crime, Chapter 5 of the instant field investigation photograph, Chapter 16 of a photograph of a CCTV image closure, Chapter 1 of a CCTV Act and subordinate statutes;

1. Relevant Article 3(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, Articles 319(1) and 299 of the Criminal Act, and the choice of an organic imprisonment with prison labor;

1. Article 60 (2) of the Juvenile Act; Article 55 (1) 3 of the Criminal Act;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act, Article 60 (3) of the Juvenile Act, Article 60 of the suspended execution;

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. Reasons for sentencing of Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from disclosure and notification orders, the proviso to Article 49(1) and the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse (in case of children, juveniles are not subject to the disclosure notification order);

1. Scope of applicable sentences under Acts: Imprisonment for one year and three months to seven years; and

2. That the sentencing criteria are not applicable to juveniles;

3. Determination of sentence: The crime of this case committed by intrusion upon the victim's residence for two years of imprisonment and three years of suspended sentence includes not only the severity itself but also the risk of infiniteing the victim's residence.

For the purpose of this case.

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