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(영문) 부산지방법원 2013.05.31 2012고합1181
주거침입등
Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

The defendant is a student attending the D University E and in the third grade, who was enrolled in the same D University F (M, 18 years old) with the victim F (M, 18 years old) who was enrolled in the same D University, and who was fest five months ago.

1. The Defendant, who was staying home with the fruit, fright, and frighting, was called by the victim at the mind that the victim would wish to report, but the victim spawd around the house entrance of the victim living in the front of the house entrance of the Defendant who did not receive a telephone. On April 26, 2012, around 02:30 on April 26, 2012, the Defendant: (a) opened a gate that was not corrected before the victim’s dwelling in the Geum-gu Gumst room in Busan Metropolitan City and infringed upon the victim’s dwelling, such as harming the peace of the residence by going against the victim’s will.

2. The Defendant, following the foregoing paragraph (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, forced a victim who was diving in a room to wear his/her hands, led the victim in front of his/her room room, which is a place under the above paragraph (1), and continued to attract the victim to both arms against the intent of the refused victim, and forced the victim to sit the victim into a studus hubus, cut the studus, cut the victim into a studus, cut the studus, cut the face into a studus, cut the string, and then fright the face into the chest, thereby committing an indecent act.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness F;

1. The police statement concerning F;

1. Application of Acts and subordinate statutes to report on investigation (to hear victim's telephone statements);

1. Article 7 (3) of the Act on the Protection of Children and Juveniles against Sexual Abuse, Article 298 of the Criminal Act, and Article 319 (1) of the Criminal Act concerning criminal facts (the point of intrusion upon residence and the choice of fines);

1. From among concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act (within the scope of adding up the maximum amount of each crime above the punishment prescribed in the Act on the Protection of Children and Juveniles against Sexual Abuse, which is heavier than the punishment), among concurrent crimes;

1. The sentencing under Articles 53 and 55(1)6 of the Criminal Act for discretionary mitigation is as follows.

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