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(영문) 춘천지방법원 속초지원 2018.11.22 2018고합33
성폭력범죄의처벌등에관한특례법위반(주거침입준강제추행)
Text

A defendant shall be punished by imprisonment for three years.

However, the execution of the above punishment shall be suspended for a period of four years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On July 23, 2018, between around 01:10 and around 01:25, the Defendant: (a) came to reside in the victim D (name, f., age 48) located in Sinsi C; (b) discovered that it was f.d. inside the house located in the first floor; (c) intruded into the victim’s residence within the inner line of the victim’s residence through the window with bendrarara-ra-ra-ra-ra-ra-ra-ra-ra-ra-ra-ra-ra-ra; and (d) applied the victim’s f.e., f., the f., who was diving at that place and was suffering from the victim’s hand.

The panty panty mhymar was written and rhyd.

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

Summary of Evidence

1. Entry of the defendant in part in the first trial record;

1. Statement made by the prosecution against E;

1. Statement made by the police against D;

1. The 112 reported case processing list, photographs of the scene of the crime, fingerprints taken from a bend rail, etc., photographs of CCTV images taken, photographs taken by the defendant at the time of committing the crime, photographs of the upper half and new photograph taken by the suspect, and photographs of the suspect moving route;

1. Application of Acts and subordinate statutes to written appraisal;

1. Relevant Article 3 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and the elective Punishment of Sexual Crimes, Articles 319 (1) and 299 of the Criminal Act concerning criminal facts;

1. Articles 53 and 55(1)3 of the Criminal Act (the following sentencing shall be considered in light of the circumstances favorable to the attention) of the mitigated amount;

1. Article 62 (1) of the Criminal Act on the suspension of execution (The following sentencing has been repeated for more favorable circumstances);

1. The main sentence of Article 16 (2) and the main sentence of Article 16 (4) of the Act on Special Cases concerning the Protection and observation, the Punishment, etc. of Sexual Crimes;

1. Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Aggravated Punishment, etc. of Sexual Crimes; Article 49(1)2 and Article 50(1)2 of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. It shall be based on the facts constituting a sex offense subject to registration and submission of personal information under the main sentence of Article 56 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse.

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