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(영문) 수원지방법원 안산지원 2014.04.18 2014고합48
성폭력범죄의처벌등에관한특례법위반(주거침입강간등)
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1. The defendant shall be punished by imprisonment for a period of two years and six months;

2. Provided, That the above sentence shall be executed for three years from the date this judgment becomes final and conclusive;

Reasons

Punishment of the crime

피고인은 2013. 12. 14. 23:08경 안산시 상록구 C 지상 'D 빌딩'의 1층 여자화장실에서 출입문이 열려 있는 것을 보고 그 안으로 들어가 침입한 다음, 세면대에서 손을 씻고 있던 피해자 E(여, 30세)의 뒤로 접근하여, 피해자의 엉덩이에 피고인의 성기 부위를 밀착시켜 수회 비볐다.

Accordingly, the defendant invadedd a building managed by others, and committed indecent acts against the victim.

Summary of Evidence

1. Defendant's legal statement;

2. Application of Acts and subordinate statutes on police statement to E;

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

2. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

3. Article 62 (1) of the Criminal Act;

4. Article 16 (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes against Probation Orders.

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

6. Reasons for sentencing of the defendant's personal information is determined to be disclosed in full view of the following circumstances: (a) Articles 47(1) and 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempt from disclosure order and notification order; (b) Articles 49(1) proviso of the Act on the Protection of Children and Juveniles against Sexual Abuse; (c) Articles 50(1) proviso of the Act on Special Cases concerning the Protection, etc. of Children and Juveniles against Sexual Abuse; (d) there is no history that the defendant has been punished for sexual crimes; (e) the victim and the victim have agreed to do so; (e) the content and degree of the indecent act; and (e) the defendant's age, occupation, family relationship; and (e) the profits and preventive effect expected from disclosure order or notification order to the defendant; and (e) any disadvantage

1. The scope of applicable sentences: Imprisonment for a period of two years and six months to fifteen years;

2. Scope of recommended sentences according to the sentencing criteria;

(a)types:

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