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(영문) 대구지방법원 포항지원 2020.05.28 2020고합9
성폭력범죄의처벌등에관한특례법위반(주거침입준유사강간)
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

At around 07:00 on September 29, 2019, the Defendant: (a) moved to the above eight places of business in South-gu, Nam-gu, Seoul, and 2nd floor C; (b) opened 8 doors; and (c) discovered that the victim D (name, name, and inn) was locked after drinking out, the Defendant entered the above eight places.

The defendant exceeded the panty and pantyty of the victim who was locked back by the victim, and carried the victim's chest and panty by hand, and brought the finger into the victim's sexual flag.

In this regard, the defendant intruded on 8 occasions where the victim was diving, and used the victim's state of non-performance to resist, thereby inserting part of the body into the victim's sexual flag.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of E, F, and D;

1. Records of seizure and the list of seizure;

1. Application of Acts and subordinate statutes to the internal investigation report (on-site conditions, etc.), on-site photographs, investigation reports (related to field search and seizure), investigation reports (in addition to interior structures), CCTV photographs, CDs, one CDs, investigation reports (Attachment to 112 Report Report), investigation reports (Attachment to Table 112 Report), report on processing cases (Attachment to Table 112 Report), investigation reports (Attachment to Table 112 Report), report on processing cases, gene appraisal reports (Attachment to electronic appraisal report), investigation reports (Analysis of CCTV image data at a place where the crime is committed), investigation reports (verification of the contents of relative appraisal by health researchers);

1. Relevant legal provisions concerning criminal facts and Article 3 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Amended by Act No. 17264, May 19, 2020); Articles 319 (1), 299, and 297-2 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 (recognition of the favorable circumstances among the reasons for sentencing following the suspended sentence);

1. The main sentence of Article 16 (2) and (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes against Social Service Order and Order to Attend Courses

1. The punishment, etc. of sexual crimes exempted from disclosure orders and notification orders;

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