logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 청주지방법원 제천지원 2015.05.29 2015고합19
성폭력범죄의처벌등에관한특례법위반(주거침입준강제추행)
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

(2) On April 13, 2015, the Defendant: (a) around 04:40 on April 13, 2015, the Defendant: (b) opened a studio in the victim D (n, 23 years of age); (c) discovered the victim who was unlocked and was locked at that place; (d) discovered the victim’s chest in front of heading * (e.g., the victim’s breast; and (e) laid the victim’s panty in his/her hands; and (e) laid the victim’s panty.

Accordingly, the defendant invadedd the victim's residence, and committed an indecent act against the victim who is in a state of mental disorder or non-performance.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of each police statement of the victim and E;

1. Application of the Acts and subordinate statutes on CDs in the case, reporting on the occurrence of the case, explanation of the photograph, notification to the department related to the 112 Incident reporting, video CDs, and stud CCTV

1. Relevant Article 3 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and the elective Punishment, etc. of Sexual Crimes; Articles 319 (1), 299, and 298 of the Criminal Act;

1. Article 20 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes subject to Non-Application of the Provisions on Mitigation of Mental Diseases (the defendant alleged to the effect that he was in a state of mental disability due to his being committed at the time of the crime in this case, but it is reasonable not to apply the provision on mitigation of mental disorder under Article 10 (2) of the Criminal Act in light of the

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 extenuating circumstances among the reasons for sentencing);

1. The main sentence of Article 16 (2) and the former part of Article 16 (3) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes

1. Article 47(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from an order to disclose or notify, the proviso to Article 49(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, Article 50(1) proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, the motive

arrow