logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 춘천지방법원 속초지원 2015.04.09 2015고합5
방실침입등
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 this judgment became final and conclusive.

Reasons

Punishment of the crime

1. On December 26, 2014, around 04:50, the Defendant entered a room where the victim D (the age of 33) was 505, i.e., e., e., the victim and imprisoned women, on the ground that the victim and imprisoned women were sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually ill.

2. On December 26, 2014, the Defendant violated the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Indecent Act by force by force) reconcilating the victim’s eel 505, administered by the said victim D, at early early early 05:30 on December 26, 2014, with the intent of committing an indecent act against the victim, opened a guest room and intrudes the victim’s sexual organ by opening the guest room at the 505, which was not corrected, and then was shakingd with the victim’s sexual organ by walking the victim’s fluence in his/her hand.

Accordingly, the defendant invadedd the victim's room and committed an indecent act by using the victim's mental condition.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police preparation of D;

1. Application of Acts and subordinate statutes concerning arrest photographs and site photographs;

1. Relevant legal provisions concerning facts constituting an offense, Article 319(1) of the Criminal Act that provides for the choice of punishment (influences into room, choice of imprisonment), Article 3(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, Article 319(1) of the Criminal Act, Article 299 of the Criminal Act;

1. From among concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act [to the extent that the punishment is aggregated with the long-term punishment of the above two crimes];

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 defendant exempted from the disclosure order and notification order has no record of criminal punishment for sexual crimes;

arrow