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(영문) 인천지방법원 2014.09.29 2014고합584
성폭력범죄의처벌등에관한특례법위반(주거침입강간등)
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

On August 6, 2014, around 12:40 on August 6, 2014, the Defendant: (a) opened a victim’s visit and intruded into the victim’s house 204, Nam-gu Incheon Metropolitan City’s multi-household house 204; and (b) opened a panty and intruded into the victim’s house; and (c) opened a panty and opened a panty.

Accordingly, the Defendant committed an indecent act against the victim who was locked by intrusion upon the victim’s residence.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of Acts and subordinate statutes to investigation reports (in-house investigation), investigation reports (in-house investigation reports on the confirmation of the suspect and the victim's residence);

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

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. Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed against Order to attend lectures;

1. Articles 47(1) and 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from Disclosure Orders and Notification Orders; the proviso to Article 49(1) and the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse (the fact that there is no criminal record against the defendant; the fact that only taking part in the registration of personal information and taking part in the treatment of sexual assault can have an effect to prevent recidivism by the defendant to a certain extent; the defendant’s age, occupation, type and motive of the crime in this case; the process and consequence of the crime in this case; the degree of disadvantage and anticipated side effects that the defendant would suffer from disclosure orders or notification orders; and the prevention effect of sexual crimes subject to registration that could be achieved therefrom, the judgment of the defendant and his defense counsel shall be made on the crime in this case.

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