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(영문) 수원지방법원 2016.12.08 2016고합562
성폭력범죄의처벌등에관한특례법위반(주거침입강제추행)
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

The defendant was a person who resides near the victim C (a family name, a woman, 51 years of age) in his/her residence, and the victim discovered his/her returning home and forced the victim to commit an indecent act.

At around 15:55 on September 20, 2016, the Defendant intruded through the steel door opened at the victim's house located in Osan-si D, and then stolen the appearance of the victim saw through the bathing room window at the mash, and then saw the victim's knife in order to enter the victim's house, but the victim did not enter the knife house at the inside of the victim's house, and the victim discovered the defendant through the inner window without going through the knife knife knife knife knife knife knife knife knife knife knife knife knife.

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. Examination protocol of the accused by prosecution;

1. Statement to C by the police;

1. Application of the Acts and subordinate statutes to photographs (fields, scene of crime, scene of crime, and place of escape) taken by police officers living at the scene;

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. 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 consideration shall be made again for the reason of sentencing);

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

1. Articles 47(1) and 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from disclosure and notification orders, the age, occupation, family environment, and social ties of the accused under the proviso of Article 49(1) and the proviso of Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, and the details, details, and results of the instant crime, and the disclosure and notification orders may be achieved.

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