logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 부산지방법원 동부지원 2016.03.29 2015고합157
성폭력범죄의처벌등에관한특례법위반(주거침입강제추행)
Text

Defendant shall be punished by a fine of KRW 3,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

around 03:00 on July 19, 2015, the Defendant opened the entrance of the victim G (the 22 years of age) and the above private house 101 on the right side of the victim and opened the entrance of the victim, which is accommodation for drinking, in the state of weak mental and physical health by drinking in the F “F” located in Busan Shipping Daegu, Busan, and opened the entrance, and opened the victim’s right breast at one time, and the victim’s right breasts were only sent back to the victim’s right side in the same way as the victim gets out of the Defendant’s knife. The victim knife knife knife knife knife knife knife knife knife knife knife.

Accordingly, the defendant committed an indecent act by force against the victim under a mental and physical weakness.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made with respect to G and H;

1. Investigation Report - Application of Acts and subordinate statutes to the accused, field photographs, investigation reports (a summary of video recording statements);

1. Article 298 of the Criminal Act applicable to the facts constituting an offense and Article 298 of the Selection of Punishment Act;

1. Article 10 (2) and Article 55 (1) 6 of the Criminal Act to mitigate mental and physical weakness;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

1. Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order;

1. Article 47(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes Exempted from Disclosure Orders and Notification Orders; Article 49(1) proviso of the Act on the Protection of Children and Juveniles against Sexual Abuse; Article 49(1) proviso of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes; Article 50(1) proviso of the Act on the Protection of Children and Juveniles against Sexual Abuse (the Defendant led to confession and reflect in depth on the instant crime; and agreed with the victim.

The defendant seems to have committed the crime of this case in a state of mental and physical weakness, and has the history of criminal punishment prior to the crime of this case.

arrow