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(영문) 대구지방법원 2014.09.26 2014고합361
성폭력범죄의처벌등에관한특례법위반(주거침입강간등)등
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

1. On June 13, 2014, around 06:50 on June 13, 2014, the Defendant was in front of the house living together by Busan City Croud A, 105 D, and E, and opened a shock network installed in the window and up to a plan, the Defendant was in possession of one non-marketed part of the market price including the victim E’s resident registration certificate, transportation card, etc. located on the window.

Accordingly, the defendant invadedd the victim's residence and stolen the victim's property.

2. The Defendant violated the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Housing Rape, Rape, etc.) entered the victim D’s house at the time and place mentioned in paragraph (1), and opened the house at the same time and place mentioned in paragraph (1) in order to cause indecent act by force by the victim, and opened the female’s bridge and her tur with his hand, and her hand together with panty.

Accordingly, the defendant committed an indecent act by force against the victim who was unable to resist due to intrusion on the victim's residence.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to D and E;

1. Records of seizure and the list of seizure;

1. Application of Acts and subordinate statutes to field photographs, lock photographs which are damaged articles;

1. Relevant Articles 319(1) and 319(1) of the Criminal Act regarding criminal facts, the choice of a punishment (the points of intrusion upon residence, the choice of imprisonment), Article 329 of the Criminal Act, Article 3(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, Articles 319(1) and 299 of the Criminal Act;

1. From among concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (only to the extent that the punishment is aggregated with the long-term punishment of each of the crimes) shall be concurrent crimes with the punishment prescribed in the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes with the largest punishment;

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 (The following consideration shall be made again for the reason of sentencing);

1. An order to provide community service and attend lectures under Article 62-2 of the Criminal Act;

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