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(영문) 창원지방법원 진주지원 2014.12.11 2014고합81
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 this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On February 10, 2014, at around 14:25, the Defendant entered the house of the victim D (Woo, 61 years of age, intellectual disability 3 level) located in South-west Sea C, and the Defendant stated that “I am going to and brought about the victim’s inside” (Doless, drum) and that “I am to go to a room is why I am to go to a room,” and as the victim wishes to go to go to a room, the Defendant chips into the floor of the victim’s residence, and chips the victim’s chest into the inside of the front of the visit, and she talks the victim’s chest, and followed, “I am to go to a television or brought about, and we am to am.”

Accordingly, the defendant invadedd the victim's residence and led the victim to indecent act by force.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of the E, F, and G;

1. The victim’s primary statement video CDs, the victim’s second statement video CDs;

1. Application of Acts and subordinate statutes to the expert opinion of each stenographic record or each child with disabilities;

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. Article 53 and Article 55(1)3 of the Criminal Act for discretionary mitigation (i.e., grounds for taking into account the circumstances of the crime);

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

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 information; the proviso to Article 49(1) and the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse appears to have committed the instant crime contingently; the Defendant has no record of punishment for a sexual crime; and the registration of personal information in the instant case.

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