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(영문) 대구지방법원 의성지원 2016.06.21 2016고합9
성폭력범죄의처벌등에관한특례법위반(주거침입강제추행)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. Around March 18, 2016, the Defendant violated the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Indecent Acts by force against intrusion on residence) came to front of the house of the victim D (Influence, 34 years old) located north C around around 09:10, and entered the entrance of rice 1 string (10 km) and opened a kitchen and opened a kitchen.

The defendant brought to the victim “I need rice because I do not need to do so.”

“To hear the word “”, the said rice spawns the bottom of the floor, draw the victim in the future, putting the two grandchildren into the original spawn of the victimized person, putting the victim’s breast part into three times, forced the victim’s left hand into the Defendant’s part, putting the victim’s sexual organ down and spawn down the Defendant’s sex, and boomed the victim’s left hand twice.

Accordingly, the defendant invadedd the victim's residence and forced the victim to commit an indecent act.

2. The Defendant, on March 18, 2016, committed assault and assault against the victim F (30 years old) who was the seat of the Defendant in North Korea, around 22:50, before the Defendant’s house located in North Korea, was forced to commit an indecent act.

“To hear the word “,” and by hand, assaulted the victim’s left side of the snow once.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to D or F;

1. Application of Acts and subordinate statutes to investigation reports (in relation to attaching on-site photographs), investigation reports (in relation to attaching on-site photographs), investigation reports (in relation to victims, suspects' dwelling photographs), investigation reports (in relation to the victim's rice), and investigation reports (in

1. Relevant Article 3(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, Article 319(1) of the Criminal Act, Article 298 of the Criminal Act, and Article 260(1) of the Criminal Act (the occupation of assault and assault, the occupation of imprisonment with labor and the selection of punishment) concerning the crime;

1. Aggravation of concurrent crimes (to the extent that the punishment is aggregated with the long-term punishment of each of the above crimes) prescribed in the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act [Article 50 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, the Punishment of which is heavier than the punishment];

1. The Criminal Act for mitigation of quantity;

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