logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
Text
Reasons
텍스트 조절
arrow
arrow
(영문) 서울서부지방법원 2016.06.23 2016고합41
성폭력범죄의처벌등에관한특례법위반(주거침입준강제추행)등
Text

A defendant shall be punished by imprisonment for three years.

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

[2016 Gohap 41] On February 16, 2016, around 04:30, the Defendant discovered that the victim was locked with his/her clothes by visiting the dwelling space of the victims of Eunpyeong-gu Seoul Metropolitan Government C and △△△ D (n, 22 years of age) and opening a window, and opened an unsatisfing door, and intruded into the room, thereby making the victim’s left chest and tamp, etc., in his/her hands.

[2016 Gohap 81] On September 6, 2015, the Defendant committed an indecent act by deceiving the part of the victim H (the age of 21) who was locked in the soup room, which is a place where the general public is concentrated on the Gyeyang-gu E and F underground second-class, at the Goyangyang-gu around 03:30, 2015.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made with respect to D or H;

1. Application of the Acts and subordinate statutes governing I CCTV images;

1. Relevant provisions of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, Article 3(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes on Criminal Crimes, Articles 319(1) and 299 of the Criminal Act (the occupation of indecent act by compulsion of intrusion upon residence, the choice of imprisonment), Article 11 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (the occupation of indecent act in a densely concentrated place, the selection of imprisonment or a

1. Aggravation of concurrent crimes as provided for in the former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act [Aggravation of concurrent crimes within the extent that the punishment is aggregated with the long-term punishment of each of the crimes specified in the crime of violating the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes with heavy punishment (Indecent Acts Committed by

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

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Article 62-2 of the Criminal Act on the observation of protection;

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 against Sexual Abuse and Article 49 (1) 2 of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. Grounds for sentencing under Article 49 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and Article 50 (1) 2 of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. Imprisonment with prison labor for a range of applicable sentences under the law from June to June 15.

arrow