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(영문) 부산지방법원 동부지원 2014.04.04 2014고합27
성폭력범죄의처벌등에관한특례법위반(주거침입강간등)
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 four years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

around 07:40 on December 25, 2013, the Defendant entered the “Del” located in Busan Nam-gu, Busan, and was well aware of the name-free women and 507.

On December 25, 2013, the Defendant, at around 08:30 on December 25, 2013, entered a 502 room where the entrance was not corrected by opening the rooms on the five floor of the telecom in order to return home with their friendships, and had the victim E (the age of 18) (the age of 18) who was administered with the male ties and panty panty ties and was able to report and commit indecent acts.

Accordingly, the Defendant examined the above 502 out and the corridor, confirmed whether there is no person on the elevator and emergency stairs, and intruded again with the above 502 numbered by the victim, and the victim, who was in a pande, was able to talk with the victim's chest, and panty knife knife knife knife knife knife knife knife knife knife knife the part of the victim.

Accordingly, the Defendant invaded into the room occupied by people, and committed an indecent act against the victim by using the victim’s state of difficulty to resist.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Investigative reports (victim-victims), accompanying CDs, investigative reports (ctV photographs attached), photographs attached thereto, investigation reports (CCCTV analysis), accompanying photographs, investigation reports (as regards the data inside the host cell), and accompanying photographs;

1. Application of Acts and subordinate statutes of photograph (Evidence No. 92-109)

1. Article 3 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and the Selection of Punishment, etc. of Sexual Crimes, Articles 319 (1) and 299 of the Criminal Act;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. Article 21 (2) of the Act on the Protection of Children and Juveniles against Sexual Abuse, which provides probation, community service, or attend lectures;

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