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(영문) 대구지방법원 2015.07.17 2015고합208
성폭력범죄의처벌등에관한특례법위반(주거침입강제추행)
Text

A defendant shall be punished by imprisonment for three years.

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

On January 22, 2015, the Defendant came to the “E” where the speeded victim D (the age of 55) moving to the Daegu Dong-gu C Apartment (the age of 103) located in the Daegu Dong-gu C Apartment around 12:00, the Defendant opened a string door and intrudes on a female’s residence by entering the room where the victim was able to grow through the living room. The Defendant discovered the Defendant’s opening of the string site where the string of the string of the string of the string of the string of the string of the string of the string of the string of the string of the 2015, and found the Defendant’s opening of the string of the string of the string of the string of the string of the string of the string of the string of the string of the string

I see and see that the country is sitting;

“Along with the victim’s arm’s length, the victim’s arms were knifeed with one hand, and the victim’s knife with another hand, the victim’s knife was rhy, and the victim’s knife was flife more.”

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

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made to D by the police;

1. Application of Acts and subordinate statutes to report on investigation;

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 ( repeatedly considering the favorable circumstances);

1. The main sentence of Article 16 (2) of the Act on Special Cases concerning Probation, the Punishment, etc. of Sexual Violence, etc. of Orders to provide community service and attend lectures;

1. Where a conviction is finalized against a defendant who has registered personal information under Articles 47(1) and 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes against Sexual Crimes, and Articles 49(1)2 and 50(1)2 of the Act on the Protection of Children and Juveniles against Sexual Abuse, the defendant shall be convicted;

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