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(영문) 대구지방법원 김천지원 2017.10.31 2017고합69
성폭력범죄의처벌등에관한특례법위반(주거침입준강제추행)
Text

The punishment of the accused shall be three years of imprisonment.

However, the above sentence shall be executed for a period of five years from the date this judgment became final and conclusive.

Reasons

Criminal facts

The defendant, while residing in 3-dong 1203, Kimcheon-si apartment 3-dong 1203, died in the same apartment building No. 403-dong 403 of the same apartment building, was known to the victim (Min, nine years of age) and the defendant

Around 05:00 on April 8, 2017, the Defendant intruded into the house through the entrance that was not locked by the above victim’s residence, and then locked in the room, as the Defendant was locked in the victim’s side where she was unable to resist, the Defendant dived her her hand into the clothes of the victim, and her her knick into the clothes of the victim’s her knick.

Summary of Evidence

1. The defendant's legal statement;

1. A protocol concerning the police and the interrogation of suspects of the accused by the prosecution;

1. Investigation report (for making stenographic records after the investigation of damage), report on internal investigation (for example, attaching photographs, such as a victim's residence and apartment corridor);

1. Statement made by the police against D;

1. Application of Acts and subordinate statutes of E;

1. Article 3 (1) of the relevant Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Aggravated Punishment, etc. of Sexual Crimes and Articles 319 (1), 299, and 298 of the Criminal Act concerning criminal facts;

1. Articles 53 and 55(1)3 of the Criminal Act (the following sentencing shall be considered in consideration of the conditions favorable to the attention) of the mitigated amount;

1. Article 62 (1) of the Criminal Act on the suspension of execution (The following sentencing has been repeated for a favorable reason):

1. Protective observation, Article 62-2 of the Criminal Act, Article 59 of the Act on the Protection, Observation, etc. of Community Service Orders;

1. The main sentence of Article 21 (2) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. Although the Defendant is not likely to repeat the crime history of the Defendant, in light of the background, method, etc. of the instant crime, etc., the Defendant’s age, social relationship, relationship between the Defendant and the victim, and the profits and preventive effects expected by the instant disclosure order or notification order, as well as the disadvantages and side effects therefrom (in particular, the Defendant’s age, social relation, relationship between the Defendant and the victim, and the benefits and preventive effects expected by the instant disclosure order or notification order).

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