logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대구지방법원 안동지원 2019.11.21 2019고합56
성폭력범죄의처벌등에관한특례법위반(주거침입강제추행)
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 four years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a non-permanently disabled person with the same household in the same single house as the victim B (n, 40 years of age) and the permanent residence C, which is a second degree of intellectual disability, and is between neighboring residents.

1. On August 2019, the Defendant committed the crime in the middle of August 2019: (a) opened a closed door in the victim’s residence without the victim’s consent on any day of August 2019; (b) opened and entered the victim’s residence; and (c) held the victim who was in an inner bed room as “a person who drinks the thickness,” and met the victim’s chest with the victim’s panty; and (d) included the victim’s grandchildren in the victim’s panty.

Accordingly, the defendant invadedd the victim's residence and committed an indecent act against the victim.

2. On September 21, 2019, around 07:00 on September 21, 2019, the Defendant: (a) opened a closed door in the victim’s residence without the consent of the victim; (b) opened and entered the victim’s residence; and (c) opened the victim’s chest at the small location, and opened the victim’s panty with the victim’s panty.

Accordingly, the defendant invadedd the victim's residence and committed an indecent act against the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Stenographic records of the police against victims;

1. Statement made to D by the police;

1. Report on internal investigation (referring to the person suspected of committing a crime A and the details of arrest), internal investigation (referring to attaching a copy of a welfare card for the disabled of the victim B), internal investigation report (referring to the field photo of the victim and the suspected person's residence), internal investigation report (Attachment to the 112 Report Report) and internal investigation report (the image of the suspected person who is stamped on the cell phone of the victim's living together);

1. Application of statutes on statement and analysis written opinions to victims;

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

1. Of concurrent crimes, the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act [one of the concurrent crimes resulting from the violation of the Act on the Punishment, etc. of Sexual Crimes by September 21, 2019, which is heavier than the sentence committed].

arrow