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(영문) 춘천지방법원 원주지원 2014.04.24 2014고합23
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 three years from the date of the final judgment.

Reasons

Punishment of the crime

On March 13, 2014, at around 23:45, the Defendant discovered that the shock net installed in the benda in the above residence is partly teared, and intruded into the shock net in the above residence, and forced the victim to commit an indecent act by force, and opened and intruded the benda window without correction after tearing the shock net with both hand.

Therefore, although the victim who was divingd at the bed party demanded the defendant to take a shoulder or fright back from the bed, and to take the defendant's house. However, the defendant tried to fright above the bed by the above bed by hand, and fright the victim by hand, but the victim did not kis on the wind that the defendant was pushed down, and the defendant continued to fright the victim's chest by hand and fright the breast part of the victim's chest.

Accordingly, the defendant invadedd the victim's residence and forced the victim to commit an indecent act.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of E;

1. Application of Acts and subordinate statutes concerning the long-term care of the victim and his/her photographic;

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;

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

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

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

1. Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from an order to disclose or notify, and the proviso to Article 49(1) and the proviso to Article 50(1) of the former Act on the Protection of Children and Juveniles against Sexual Abuse (Amended by Act No. 11690, Mar. 23, 2013); the Defendant’s age, occupation, risk of recidivism; the type, motive, process, consequence, and gravity of the instant crime;

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