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(영문) 대구지방법원 2013.07.12 2013고합227
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

When the defendant purchases frequently objects at the ordinary meeting of the headquarters of D operation in Yongcheon-si, Youngcheon-si, the defendant has been aware of the victim E (the age of 28) who is his/her father.

At around 12:40 on May 11, 2013, the Defendant got to the toilet by the victim who was seated in the tables and reported to be cans, beer and beer.

In addition, I reported that I will come to talk and go to toilets, and followed the victim.

피고인은 위 가게 옆에 있는 피해자 주택 마당 화장실에서 소변을 보고 있던 피해자를 창문 유리가 없는 그곳 화장실 출입문을 통해 지켜보다 화장실 안으로 들어가기 위해 화장실 문을 손으로 잡고 잡아당겼으나 피고인이 자신을 쳐다보는 것을 눈치챈 피해자가 바지를 급히 올리고 안에서 문을 잡고 열어주지 않자 강제로 문을 잡아당겨 열었다.

The Defendant continued to enter the victim into the toilet while "the victim is fine and fine," and tried to keep the victim out of the toilet.

When the victim escaped out of the toilet while resisting against the defendant, the defendant saw the victim's left chest to her hand.

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. Statement to E by the police;

1. A complaint;

1. Application of Acts and subordinate statutes to investigation reports (in-depth photographs, etc.);

1. Article 3 (1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes and the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Amended by Act No. 11556, Dec. 18, 2012); Articles 319 (1) and 298 of the Criminal Act;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (see, e.g., favorable circumstances as seen below):

1. Article 62 (1) of the Criminal Act ( repeatedly considering favorable circumstances, etc. as follows):

1. Article 16 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes;

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