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(영문) 서울북부지방법원 2020.06.19 2020고합118
성폭력범죄의처벌등에관한특례법위반(주거침입준강제추행)등
Text

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 four years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is the defendant's fraud in the victim B (n, 53 years of age).

On October 2, 2019, around 05:30 on October 2, 2019, the Defendant entered the house through the toilet window that was not temporarily set up and intruded into the house to the extent of the plan, and became a part of the victim’s body.

Accordingly, the defendant, who is a relative, committed an indecent act against the victim by infringing the victim's residence and taking advantage of the victim's failure to resist.

Summary of Evidence

1. Defendant's legal statement;

1. Protocol of the police statement concerning B;

1. Each investigation report (with respect to site chief officers, field identification and attachment of site photographs, the location and type of suspect's slots, and the contents of CCTV analysis for crime prevention);

1. Application of the CD-related Acts and subordinate statutes to photographs, such as a Kakakao Stockholm photograph, on-site emission stations, and CCTV data for crime prevention;

1. Article 3 (1) of the former Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (amended by Act No. 17264 of May 19, 202), Articles 319 (1), 299, and 298 of the Criminal Act concerning criminal facts, Article 5 (3) and (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, Article 299 of the Criminal Act

1. Articles 40 and 50 of the Commercial Concurrent Crimes Act (the punishment prescribed by the Act on Special Cases concerning the Punishment, etc. of Special Cases concerning the Punishment, etc. of Sexual Crimes Aggravated Indecent Acts by Indecent Acts by Residence in the Market and by Quasi-Indecent Acts by Relatives; the punishment prescribed by the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes with heavy punishment

1. Selection of punishment and limited imprisonment;

1. Article 53 or 55 (1) 3 of the Discretionary Mitigation and Mitigation Criminal Act (The following extenuating circumstances shall be considered among the reasons for sentencing):

1. Article 62 (1) of the Criminal Act (The following consideration shall be repeated in favor of the reasons for sentencing);

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

1. An order to disclose and notify information and an order to restrict employment;

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