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(영문) 부산지방법원 2015.04.24 2014고합760
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 three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On July 22, 2014, at around 05:00, the Defendant came before the house of the Victim F (Y, 22 years of age) in Suwon-gu, Busan, and from May 22, 2014 to June 2, 2014, opened a password of the 1studio 1st floor, which was known at the time of the victim's restraint with the victim from May 2, 2014, and continued to open the door door of the victim's house into the building, and then, the victim was able to open the door door into the string of the ice, and she was able to attract the victim, while the victim called the victim B, she was tightly her two arms of the victim, and she was unable to move the victim by hand, and she was her fingerd with 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. The defendant's legal statement (the third trial date);

1. Application of the witness F’s statutory statement Acts and subordinate statutes;

1. Relevant legal provisions concerning facts constituting an offense, and Article 3 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Aggravated Punishment, Articles 319 (1) and 298 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 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. The sentencing is based on the following factors: Article 47(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes Exempted from disclosure and notification orders; the proviso to Article 49(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse; Article 49(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes; Article 50(1) proviso to Article 50(1)

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